Local Authority and Other Competent Authority Terms and Conditions
Electronic Licence Management System (ELMS)
1. Introduction
The ELMS (the Website) is managed by the Businesslink.gov.uk programme, which is under the control of Her Majesty’s Revenue and Customs (HMRC), on behalf of The Department for Business Innovation and Skills (BIS). In entering our site, you are accepting our terms and conditions.
2. Modifications and additions
We may revise these terms and conditions at any time and so you should check here regularly for changes. Any modifications or additions will be effective immediately on being posted to the site.
3. About this website
The purpose of the Website is to support local and other competent authorities (i.e. those legally responsible for the enforcement of any regulation, either at a local or national level) in implementing the provisions of the EU Services Directive. Specifically, it is to enable authorities to manage applications made electronically, for licences required to supply services in the UK.
4. Links to external websites (including payment providers)
The Website has links to other websites and services, which we consider would be useful for authorities. We are not responsible for the content of any linked website and cannot take responsibility for the consequences of anyone using the information or services on linked websites. We cannot guarantee that these links will work all of the time.
Websites that we link to may have Terms and Conditions that are different from ours. Users of any service should ensure that they read the relevant terms and conditions before completing a transaction. Do not assume that our Terms and Conditions apply to other web sites.
We cannot guarantee the availability of any particular service either provided by us or by any other organisation or business.
5. Online transactions and payments
We do not play an active role in the processing of transactions, once they have been received by the appropriate authority. Any disputes over payments or fees requested or arranged via the transaction facility of this website must be taken up with the relevant organisation, business or individual.
We cannot be held responsible for the content of communications between you and third parties when using the message box in your account.
6. Acceptable use policy
You agree to use the Website only for the purpose intended and as defined in Clause 3.
When using ELMS, you agree to do so using computer hardware that is authorised by your organisation for this purpose. You will only access this service in a secure location, which is controlled by your organisation.
Your use of the ELMS service must conform to the expectations set out in the EU Services Directive. You must not, under any circumstance, take any action that unduly hinders cross-border trade in services between countries in the European Economic Area (EEA).
You agree to use the Website for lawful purposes only. You must not use the Website or the ELMS service for any of the following:
- To send, state, publish, use or reuse any material which is offensive, abusive, defamatory, indecent, obscene, threatening or illegal or in breach of copyright, trade mark, confidence, privacy or any other rights
- To transmit any chain letters, spam letters, or junk e-mail or participate in mischievous or malicious behaviour which causes or may cause damage, annoyance, inconvenience or needless anxiety to the Website or any other party
- You may not circumvent or attempt to circumvent security measures or try to modify the Content except as expressly permitted.
We reserve the right to exclude a particular user from a service, and/or delete their details, if they abuse it (which could include, but is not limited to, hacking, submission of obscenities, fraud or the spreading of computer viruses).
We may also make changes to a service without warning; this may include the removal of a service at any time.
In the interests of all our users, we will co-operate with investigations by any law enforcement agency or relevant authority of suspected criminal activity or violation of systems or networks.
7. User accounts, ID and password
You must be authorised by your organisation before using the transactional facility of the website.
All ELMS users will be issued with a User ID and password to access the ELMS service. These will be provided by authorities to authorised user only.
User ID and password are very important pieces of information and it is your responsibility to keep them secure. You agree to:
- keep the user ID and password confidential;
- inform your authority’s senior responsible person as soon as you are required to select a new password
- be responsible for any transactions that you manage on behalf of your organisation.
If you suspect your user ID and/or password has been or may be used by unauthorised persons you must notify us immediately by sending an email to the ELMS Support Team at elms@businesslink.gsi.gov.uk.
It is your responsibility to log into your account to manage licence applications if you have been instructed to handle online applications submitted via ELMS.
We cannot recover any application or other documents that a service provider chooses to delete from their account. It is your responsibility to ensure messages and final status of an application are downloaded from your account and stored locally, if your authority may need to refer to them at a later stage.
8. Security and virus protection
Before using the ELMS service you agree to read the Security Guidelines that were issued by businesslink.gov.uk to each authority wishing to use this service.
No data transmission over the internet can be guaranteed as totally secure. While we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us, or which users transmit to you. Accordingly, such transmission is at your/their own risk. We will not be liable for any damages or loss arising out of or resulting from any unauthorised access to, alteration to or modification of information contained on the Website.
We make every effort to check and test the Website during production. You must take your own precautions to ensure that the process which you employ for accessing the Website does not expose you to risk of viruses, malicious computer coded or other forms of interference which may damage your computer system. It is always wise for you to run an anti-virus program on anything you download from the Internet.
We accept no liability for any loss, disruption or damage to your computer system or your data caused by using the Website or arising as a result of having used the Website.
When using the Website you must take every reasonable precaution to prevent the spread or diffusion of any software contamination including computer viruses. You agree to maintain an industry recognised approved anti virus defence.
You may not circumvent or attempt to circumvent security measures or try to modify the content except as expressly permitted.
You agree that as soon as you identify any significant lapse, breach or threat to security at your premises or in using the equipment used for this service you will advise your senior responsible person as soon as reasonably possible. Significant lapse, breach or threat to security will include but not be limited to instances of:
- Computer virus leak
- Identification of malicious computer code
- Frequent or unusual patterns of applications from the same source
- Loss of password or user ID
- Unauthorised access to ELMS.
9. Digital signatures
Any information that we provide to authorities about digital signatures (including in cases where a digitally signed form has been submitted through ELMS) shall be provided on the basis that neither businesslink.gov.uk, nor HMRC, nor BIS shall incur any responsibility or liability for its accuracy. Authorities shall be solely responsible for establishing the veracity of all digital signatures and the accuracy of any documents to which they relate.
10. Data Protection
Information may be provided to you as a result of a user using the businesslink.gov.uk service, for the purpose of responding to your request or handling their transaction or application. This information must only be used for this purpose and managed in accordance with the law, including the Data Protection Act 1998. For further information please read our Privacy Policy.
11. General
We, our suppliers and employees, are not liable for any losses or damages arising from your use of, or reliance upon the information contained on the Website, or any failure to comply with these terms and conditions, where such failure is due to circumstances beyond our reasonable control.
If we waive any rights available to us under these terms and conditions on an occasion, this does not mean that those rights will automatically be waived on any other or subsequent occasion.
If any part of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.
12. Applicable Law
The Website and the use of it is governed by the laws of England and Wales. The English and Welsh courts shall have exclusive jurisdiction over any disputes connected to or arising out of use of the Website.
Last updated: 31 Aug 2010, 17:03