Terms of use
Introduction
Welcome to the Bear Us In Mind website (our “Website”), which is provided by The Lennox Trust Company Limited a charitable company [xx] registered in England and Wales (company number 00547279 and charity number 220116) (together referred to in these terms and conditions as “we” or “us”) whose registered office is at Goodwood House, Goodwood, Chichester, West Sussex PO18 0PX.
We are regulated by the Charity Commission (in England and Wales) and the Information Commissioner’s Office (ICO).
All questions, comments or enquiries should be directed to The Lennox Trust Company Limited, Goodwood House, Goodwood, Chichester, West Sussex PO18 0PX.
These terms and conditions set out the basis upon which we provide access to and use of use our Website and your responsibilities as a registered user of or unregistered visitor to the Website. By using our site, you confirm that you accept these terms and conditions of use and that you agree to comply with them. If you do not agree to these terms and conditions, you must not use the Website.
1. Definitions and Interpretation
1.1 In these terms and conditions:
1.1.1 the singular includes the plural and vice versa;
1.1.2 unless otherwise stated, references to conditions are to conditions of the main body of the terms and conditions;
1.1.3 the headings are for ease of reference only and shall not affect the construction or interpretation of these terms and conditions.
1.2 Unless the context otherwise requires, the following terms in these terms and conditions shall have the following meanings:
“Audit Trail” means a log of all messages, posts and any other material posted to or by you on or via the Website and any other interaction with our Website;
“Claim” means any claim or threat of legal action by a third party arising out of the actual or alleged infringement of that third party’s Intellectual Property Rights;
“Intellectual Property Rights” means rights in inventions, patents, copyrights (including performers’ rights), database rights, design rights, trade marks and trade names, service marks, trade secrets, trade dress, know-how and all other intellectual property rights (whether registered or unregistered) and all applications for the same, anywhere in the world;
“Permissions” means the permissions and levels of access you may be granted as a Registered User or visitor;
“Privacy Policy” means our privacy policy at Bearusinmind.org.uk, setting out how we use personal data;
“Registered User” means either a person, business, company or other organisation using the Website and to whom a username and password is issued;
“Website” means our website located at Bearusinmind.org.uk.
“Website Interactive Features” means the features that enable Registered Users to interact with us via the Website; and
2. Registering on and using the website
2.1 Only Registered Users can use the Website Interactive Features.
2.2 You must keep your username and password secret and confidential. Subject to condition
2.3 you take full responsibility for any person who uses your username and password to access the Website and for all acts arising from its use of the Website Interactive Features.
2.4 In the event that you are able to prove that a person illegally accessed the Website using your username and password and you are not in breach of conditions 2.4 or 2.5 then you shall not be responsible for the acts of such a person.
2.5 You shall:
2.5.1 not disclose your password to any other person or entity;
2.5.2 make and use all best efforts to keep your password secret and confidential;
2.5.3 use your username and password solely for the purposes of utilising the Website Interactive Features; and
2.4.4 promptly notify us of any actual or suspected breach of security of the Website, such as loss, theft or unauthorised disclosure of your username or password.
2.5 You must contact us if:
2.5.1 you have reason to believe that someone else knows your username or password;
2.5.2 you have lost your username or password; or
2.5.3 you have reason to believe that someone else is trying to access your details.
3. Website and interactive features
3.1 We shall use all reasonable endeavours to provide the following services to you over our Website, depending upon your Permissions:
3.1.1 interactive access to relevant forums or other interactive communications channels;
3.1.2 read-only access to our Website;
3.1.3 access to our tools and resources on our Website.
3.2 Subject to condition 9.1, we reserve the right to amend, vary, change and suspend the whole or any part of the Website Interactive Features at any time and for any sufficient cause and without prior notice. We will endeavour to provide you with advance notice of any such amendment, variation, change or suspension of the whole or any part of the Website Interactive Features as soon as practicable by posting a notice on the Website and/or by e-mail. We shall also, where possible, carry out any necessary maintenance work with the minimum of disruption to the Website Interactive Features as is reasonably possible.
4. Fees
The Website Interactive Features are provided free of charge.
5. Your responsibilities
5.1 You are responsible for ensuring, and accordingly you represent and warrant to us, that to the best of your knowledge and belief:
5.1.1 all information provided to us and, in particular, your responses to our enquiries given during any registration process, are correct, honest, complete, accurate and lawful; and
5.1.2 you are properly authorised or licensed under your appropriate laws and regulations to use our Website Interactive Features in compliance with all relevant laws and regulatory codes.
5.2 You undertake promptly to notify us in the event that any information provided to us has materially altered in any respect.
5.3 You undertake to put systems in place to minimise the risk of viruses being transmitted or distributed by you over the Website or by your use of the Website Interactive Features, including the use of and regular updating of comprehensive, commercially-available virus detection software.
5.4 We only provide our site for private use. You agree not to use our site for any commercial or business purposes.
5.5 You must not use the Website Interactive Features or our Website for any purpose that is unlawful or prohibited by these terms and conditions or any applicable law, regulation and legislation. In particular, you must not use the Website Interactive Features or the Website to do any of the following:
5.5.1 to submit any material which appears to be or is unlawful, offensive, abusive, obscene, indecent, threatening, untrue or defamatory or which is in breach of a right of privacy;
5.5.2 in respect of any forums or other interactive channels, to submit:
(a) any material that is disruptive, impolite or contributed with the intention of causing trouble or offence;
(b) off-topic material in subject-specific areas; or
(c) advertising or promotional material;
5.5.3 to infringe the Intellectual Property Rights, breach the confidence of, or violate any other legal rights of any person, business, company or organisation;
5.5.4 to commit, assist in the commission of, or encourage a criminal offence;
5.5.5 to post or publish material which belongs to another person, business, company or organisation without their permission;
5.5.6 knowingly or recklessly to insert, transmit or distribute viruses, trojans, logic bombs malicious code of any type, any other material which is technologically harmful or corrupt data;
5.5.7 to prevent or restrict any other Registered User from using the Website Interactive Features or Website; or
5.5.8 to delete or alter in any way any copyright, trade mark, intellectual property or other legal notice; or
5.5.9 for the purpose of harming or attempting to harm minors in any way;
5.5.10 to bully, insult, intimidate, discriminate against or humiliate any person.
5.6 You undertake to notify us promptly through the Website or by email to Bearusinmind.org.uk, if you become aware that any other Registered User or visitor is in breach of conditions 5.5.1, 5.5.2, 5.5.4, 5.5.5, 5.5.6 or 5.5.7 and such a breach directly affects you.
5.7 You represent and warrant that you have the legal capacity to enter into these terms and conditions, to use our Website and to enter into transactions over the Website.
6. Our responsibilities
6.1 We undertake to you that:
6.1.1 the Website and the Website Interactive Features are provided with reasonable care and skill;
6.1.2 where you notify us of a breach by another Registered User or visitor of a condition 5.5, in accordance with your obligations under condition 5.6, we will use all reasonable endeavours to remove the offending content or other material from the Website promptly; and
6.1.3 the Website operates under industry standard security protocols.
6.2 We reserve the right to refuse or take down any message, post or other interactive content which we consider is in breach of condition 5.5, even if we have not been notified by a Registered User or visitor that its rights have been affected in accordance with condition 5.6.
6.3 Whilst we shall use all reasonable endeavours to ensure that our Website and the Website Interactive Features are available at all times, we do not accept any liability for the unavailability of or delays relating to the Website or Website Interactive Features arising from any act or omission of any internet and/or connectivity service provider, errors in software or hardware, delays or interruption to the internet, or delays or interruption arising as a result (in part of in whole) of causes beyond our reasonable control, including but not limited to non-availability of spares or parts or bandwidth, labour disputes, or delays or defaults of suppliers and/or sub-contractors.
6.4 We make no warranties of quality or fitness for a particular purpose or continuous, uninterrupted or error free use with respect to the Website or the Website Interactive Features.
7. Limitation of liability
7.1 To the extent permitted by law, we, and third parties connected to us hereby expressly exclude:
7.1.1 any legal responsibility for the content of any materials downloaded from the Website;
7.1.2 all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;
7.1.3 any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our Website or in connection with the use, inability to use, or results of the use of our Website, any websites linked to it and any materials posted on it, including, without limitation any liability for personal injury (unless caused by our negligence), loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
7.2 This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
8. Intellectual property rights
8.1 Title to and ownership of all Intellectual Property Rights and interest in the Website, any materials downloaded from the Website, its content and the Website Interactive Features throughout the world, including all new versions, developments, enhancements, modifications and/or derivative works relating to the Website or content (including all permitted copies), and any of our content provided to you as part of the Website Interactive Features or under these terms and conditions (including permitted copies), our trade marks as used from time to time, existing now or in the future shall remain vested absolutely in us or our licensors (and our or their successors in title) and, for the avoidance of doubt, you shall not acquire any interest in the Intellectual Property Rights in any of the Website, its content or Website Interactive Features except to the extent that you or they are granted a licence under these terms and conditions.
8.2 We hereby grant you a non-exclusive, non-transferable, non-assignable licence to use:
8.2.1 the Website and the Website Interactive Features solely for your individual, private and non-commercial use; and
8.2.2 any content, whether downloaded directly or delivered by means of a Website Interactive Feature, for your own private, non-commercial use or for educational purposes, provided that you attribute any content as belonging to us and used with our permission.
8.3 You may print or download extracts and pages from our site for your personal use. You must not modify the materials you have printed or downloaded in any way.
8.4 You undertake and acknowledge that:
8.4.1 you shall not:
(a) publish, reproduce, distribute, adapt, link to, rent, lease, sell, operate on a bureau basis, sub-license, donate (or otherwise transfer to any third party for any commercial gain or otherwise) any content and/or the relevant Website Interactive Features; or
(b) permit any content to be translated, modified, altered, adapted or used to create derivative works.
8.4.2 you shall:
(a) duplicate proprietary notices incorporated in or fixed to any content, or on all copies, or extracts, and shall not alter, remove or obliterate such notices; and
(b) not do anything which could infringe either our or any third party’s Intellectual Property Rights in any content of our Website.
9. Upload of user content
9.1 Where your Permissions permit you to upload a message, comment, text, photograph, artwork, or any other copyright work (“User Content”) into our Website, then we acknowledge that title to and ownership of all Intellectual Property Rights and interest in the User Content uploaded by you, shall remain vested in you.
9.2 You warrant and undertake that:
9.3 You shall indemnify and keep us and each user of the User Content via our Website indemnified from and against any costs, fees and damages that we or they may suffer or incur solely arising out of a Claim in respect of your User Content, provided that:
9.3.1 we inform you in writing within ten (10) Days of receipt by us of such a Claim;
9.3.2 we furnish you with a copy of each communication, notice or other action relating to the Claim and, use all reasonable endeavours to give you full authority, information and all reasonable assistance necessary to defend or settle such Claim; and
9.3.3 we cooperate reasonably with you in the settlement and/or defence.
9.4 You shall have no obligations under these terms and conditions to the extent that a Claim is based upon the whole or any part of the User Content being modified, altered or changed in any manner by us, if such infringement would otherwise have been avoided.
10. Changes to these terms
10.1 From time to time, we may need to change, alter or modify these terms and conditions in order, for example, to take account of increased functionality on the Website. Accordingly, any changes, alterations or modifications will be notified to you thirty (30) days in advance by posting on the Website and/or by e-mail. You will not need expressly to accept these changes as you hereby agree (except as set forth in condition 14.2) that any use by you of the Website after thirty (30) days after our notification of any such changes, alterations or modifications shall be deemed to indicate your agreement to them.
10.2 However, if you do not agree to the modified terms and conditions, you should notify us of your disagreement within thirty (30) days after our notification and, until such disagreement has been resolved you should cease use of the Website. If the disagreement cannot be resolved within a reasonable period of time, we reserve the right to terminate your registration to use the Website as a Registered User.
10.3 These terms and conditions may not be supplemented, altered or modified unless agreed in writing by us.
11. Termination
11.1 We shall be entitled to terminate your registration to use the Website as a Registered User immediately by notice to you, including by notice to you through the Website or by email, if you commit any material breach of any provision of these terms and conditions or, in the case of a breach capable of remedy, fail to remedy that breach within five (5) working days after receipt of a notice giving reasonable particulars of the breach and requiring it to be remedied.
11.2 The termination of these terms and conditions (for any reason) shall:
11.2.1 be without prejudice to any other rights or remedies which we may be entitled to under these terms and conditions or at law;
11.2.2 not affect any accrued rights or liabilities which we may then have; and
11.2.3 not affect the coming into or continuance in force of any provision of these Conditions which is expressly or by implication intended to come into or continue in force after such termination.
12. Confidentiality
12.1 We will maintain the confidentiality of all information contained you have provided, however, that this obligation shall not, subject to condition 11.2, prevent us from disclosing any information which you have provided during the use of the Website Interactive Features in connection with any judicial, governmental or regulatory proceedings if we are requested or required to do so.
12.2 In the event that we are requested to disclose any confidential information in connection with any judicial, governmental or regulatory proceedings we shall notify you of such request immediately. To the extent we are permitted by law, no disclosure shall be made without your agreement and we will provide reasonable assistance so that you may take whatever action, at your discretion and expense, you deem necessary in relation to that disclosure.
12.3 Our processing of your personal data shall be in accordance with data protection laws and our Privacy Policy, which is hereby incorporated into these terms and conditions.
13. Complaints
In the event that you have a complaint concerning our provision of the Website or the Website Interactive Features or any aspect of your dealings with us you should contact us at The Lennox Trust Company Limited, Goodwood House, Goodwood, Chichester, West Sussex PO18 0PX.
14. Notices
14.1 If we need to contact you in relation to your use of the Website, we may contact you by e-mail, telephone or post, or by such other methods as may subsequently be developed.
14.2 The latest contact details you have given us will be used. We will inform you if any of our contact details change by posting a notice on the Website or by email. We need you to tell us if your name, address, telephone, e-mail or any other details change.
14.3 If either of us contact the other by e-mail, the other cannot assume that the message has reached them until they have received an e-mail acknowledging receipt.
14.4 When you contact us by telephone or the internet (including e-mail), we will check your identity from security details which you will have given us previously.
15. General
15.1 These terms and conditions constitute the entire agreement between you and us. Both of us agree that (save in the case of fraud) neither of us has entered into an agreement to which these terms and conditions apply on the basis of, and does not rely and has not relied on, any warranties, statements or representations made, given or agreed by the other, save as set out in these terms and conditions.
15.2 If any provision of these terms and conditions is held by a competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these terms and conditions and the remainder of the provision in question shall not be affected.
15.3 An agreement to which these terms and conditions apply may not be assigned by either party without the consent of the other party, such consent not to be unreasonably withheld, save that we may assign between members of our group of companies without your consent.
15.4 Neither of us will be responsible for any failure to perform any of our obligations under these terms and conditions if such performance is prevented, hindered or delayed by a Force Majeure event, in such case the affected obligations will be suspended for so long as the Force Majeure event continues. “Force Majeure event” means any event due to any cause beyond the reasonable control of the relevant party, such as unavailability of any system, failure or non-performance of a service provider or host, sabotage, fire, flood, explosion, acts of God, civil commotion, strikes, riots, insurrection, war, acts of terrorism or acts of government.
15.5 English law shall apply to these terms and conditions, and the parties agree to submit to the non-exclusive jurisdiction of the English courts.