BACKGROUND: 

    These Terms of Use, together with any and all other documents referred to herein, set out the terms of use under which you may use this website, www.4childrenandfamilyrespite.org (“Our Site”).  Please read these Terms of Use carefully and ensure that you understand them. Your agreement to comply with and be bound by these Terms of Use is deemed to occur upon your first use of Our Site.  If you do not agree to comply with and be bound by these Terms of Use, you must stop using Our Site immediately.  

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Definitions and Interpretation 

1.1    In these Terms of Use, unless the context otherwise requires, the following expressions have the following meanings:

“Account”    means an account required for a User to access and/or use certain areas of Our Site, as detailed in Clause 4;
“Content”    means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site;
“User”    means a user of Our Site;
“User Content”    means any content submitted to Our Site by Users including, but not limited to, reviews, comments etc; and
“We/Us/Our”    means 4 Children and Family Respite  , a registered Charity in England under 1205402 , whose registered address is Registered Office:13 Domfe Place, London E5 0EZ  and whose main trading address is ​Registered Office:13 Domfe Place, London E5 0EZ 

2.    Information About Us
2.1    Our Site, www.4childrenandfamilyrespite.org is owned and] operated by 4 Children and Family Respite, a registered charity under Wales in England under charity registration number : 1205402 , whose registered address is 13 Domfe Place, London E5 0EZ 

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3. Access to Our Site

3.1    Access to Our Site is free of charge.
3.2    It is your responsibility to make any and all arrangements necessary in order to access Our Site.
3.3    Access to Our Site is provided “as is” and on an “as available” basis.  We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice.  We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.

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4 Intellectual Property Rights 

4.1    With the exception of User Content (see Clause 6), all Content included on Our Site and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us. All Content (including User Content) is protected by applicable United Kingdom and international intellectual property laws and treaties.
4.2    Subject to sub-Clauses 4.3 and 4.6 you may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content from Our Site unless given express written permission to do so by Us.
4.3    You may:
4.3.1    Access, view and use Our Site in a web browser (including any web browsing capability built into other types of software or app);
4.3.2    Download Our Site (or any part of it) for caching;
4.3.3    Print page(s) from Our Site;
4.3.4    Download extracts from pages on Our Site; and
4.3.5    Save pages from Our Site for later and/or offline viewing.
4.4    Our status as the owner and author of the Content on Our Site (or that of identified licensors, as appropriate) must always be acknowledged.
4.5    You may not re-use any Content printed, saved or downloaded from Our Site for commercial purposes without first obtaining a licence from Us (or our licensors, as appropriate) to do so.  This does not prohibit the normal access, viewing and use of Our Site whether by business users or consumers.
4.6    Nothing in these Terms of Use limits or excludes the fair dealing provisions of Chapter III of the Copyrights, Designs and Patents Act 1988 ‘Acts Permitted in Relation to Copyright Works’, covering in particular the making of temporary copies; research and private study; the making of copies for text and data analysis for non-commercial research; criticism, review, quotation and news reporting; caricature, parody or pastiche; and the incidental inclusion of copyright material.

5. User Content

5.1    User Content on Our Site includes (but is not necessarily limited to) reviews, comments etc.
5.2    An Account is required if you wish to submit User Content.  Please refer to Clause 4 for more information.
5.3    You agree that you will be solely responsible for your User Content.  Specifically, you agree, represent, and warrant that you have the right to submit the User Content and that all such User Content will comply with Our Acceptable Usage Policy, detailed below in Clause 11.
5.4    You agree that you will be liable to Us and will, to the fullest extent permissible by law, indemnify Us for any breach of the warranties given by you under sub-Clause 5.3.  You will be responsible for any loss or damage suffered by Us as a result of such breach.
5.5    You (or your licensors, as appropriate) retain ownership of your User Content and all intellectual property rights subsisting therein.  When you submit User Content you grant Us an unconditional, non-exclusive, fully transferrable, royalty-free, perpetual, irrevocable, worldwide licence to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform and sub-licence your User Content for the purposes of operating and promoting Our Site. In addition, you also grant Other Users the right to copy and quote your User Content within Our Site.
5.6    If you wish to remove User Content from Our Site, the User Content in question will be deleted.  Please note, however, that caching or references to your User Content may not be made immediately unavailable (or may not be made unavailable at all where they are outside of Our reasonable control).
5.7    We may reject, reclassify, or remove any User Content from Our Site where, in Our sole opinion, it violates Our Acceptable Usage Policy, or if We receive a complaint from a third party and determine that the User Content in question should be removed as a result.
5.8    We are not responsible for the content or accuracy, or for any opinions, views, or values expressed in User Content.  Any such opinions, views, or values are those of the relevant User and do not reflect Our opinions, views, or values in any way.

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6. Links to Our Site

6.1    You may link to Our Site provided that:
6.1.1    you do so in a fair and legal manner;
6.1.2    you do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists;
6.1.3    you do not use any logos or trade marks displayed on Our Site without Our express written permission; and
6.1.4    you do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.

6.2    You may not link to any page other than the homepage of Our Site, www.4childrenandfamilyrespite.org.  Deep-linking to other pages requires Our express written permission.  Please contact Us at www.4childrenandfamilyrespite.org for further information.
6.3    Framing or embedding of Our Site on other websites is not permitted without Our express written permission.  Please contact Us at --------------------- for further information.
6.4    You may not link to Our Site from any other site the main content of which contains material that:
6.4.1    is sexually explicit;
6.4.2    is obscene, deliberately offensive, hateful or otherwise inflammatory;
6.4.3    promotes violence;
6.4.4    promotes or assists in any form of unlawful activity;
6.4.5    discriminates against, or is in any way defamatory of, any person, group or class of persons, race, gender, religion, nationality, disability, sexual orientation, or age;

6.4.6    is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
6.4.7    is calculated or is otherwise likely to deceive another person;
6.4.8    is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;
6.4.9    misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-Clause 7.4);
6.4.10    implies any form of affiliation with Us where none exists;
6.4.11    infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks and database rights) of any other party; or
6.4.12    is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

 

7. Links to Other Sites

• Links to other sites may be included on Our Site.  Unless expressly stated, these sites are not under Our control.  We neither assume nor accept responsibility or liability for the content of third party sites.  The inclusion of a link to another site on Our Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.

8 Liability and Disclaimers

8.1    Nothing on Our Site constitutes advice on which you should rely.  It is provided for information purposes only.  
8.2    Insofar as is permitted by law, We make no representation, warranty, or guarantee that Our Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.
8.3    We make reasonable efforts to ensure that the Content on Our Site is complete, accurate, and up-to-date.  We do not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date.  Please note that this exception does not apply to information concerning services for sale through Our Site.  
8.4    To the fullest extent permissible by law, We accept no liability to any User for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any Content (including User Content) included on Our Site.
8.5    If you are a business user, we hereby exclude all implied conditions, warranties, representations or other terms that may apply to Our Site or Content.  We will not be liable for any loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.

8.6    If you are a consumer user, please note that Our Site is intended for business use only, however if, as a result of Our failure to exercise reasonable care and skill, any digital content from Our Site damages your device or other digital content belonging to you, you may be entitled to certain legal remedies.  For more details on consumer rights, please contact your local Citizens Advice Bureau or Trading Standards Office.

 

8.7    We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
8.8    Nothing in these Terms of Use excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law.

 

9 Viruses , Malware and Security

9.2    You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.
9.3    You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.
9.4    You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.
9.5    You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.
9.6    By breaching the provisions of sub-Clauses

9.3 to 9.5, you may be committing a criminal offence under the Computer Misuse Act 1990.  Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them.  Your right to use Our Site will cease immediately in the event of such a breach.

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