EHOSPICE WEBSITE TERMS AND CONDITIONS
If you use this website you will be deemed to accept the Terms and Conditions below: 1. Definitions
In these Terms and Conditions, the following definitions apply:
‘ehospice’ means ehospice, a company limited by guarantee in England & Wales (Company Number 07844673 ) and a registered charity (Charity Number 1146303); ehospice’s registered office is at 34-44 Britannia Street, London WC1X 9JG UK
‘Website’ means any website owned by ehospice from which a link has been created to these Terms and Conditions
‘Material’ or ‘Materials’ means all of the information, data, text, graphics, links or computer code published on, contained in or available on or otherwise comprising the content of the Website
‘User’ means an individual, firm, company, organisation or any other entity which obtains access to this Website for any purpose (including but not limited to viewing content, placing an order for goods or services; making postings to any ehospice forums)
‘Service’ or ‘Services’ means any information and/or services provided by ehospice through or via the Website
Any headings used throughout these Terms and Conditions are for ease of reference only and shall not affect their interpretation. 2. Ownership of Website and application of Terms & Conditions
ehospice is the owner of the Website although different editions (or parts) of the Website and/or the publication of content in different editions (or parts) of the Website are controlled by the organisation or entity publishing or producing that edition. ehospice reserves the right to amend these Terms & Conditions at any time and if we do so we will post notice of the change on the Website by updating the text of this page and you will be deemed to have accepted such changes. Certain parts of the Material and Services made available by ehospice (and/or any organisation controlling and/or publishing any edition forming part of the Website) through or via the Website may have additional terms and conditions applicable to them (for instance the rules of any forums to which access is obtained via the Website).
3. General provisions as to use of the Website
Anyone is entitled to view any non-password protected parts of the Website and to use for, their own purposes, the Material, provided:
3.1 They do so for information purposes only and for personal use only, and not for reproduction on any other website or for commercial gain (see also copyright below)
3.2 They do so only for lawful purposes, and in a manner which does not infringe the rights of, or restrict or inhibit the use and enjoyment of, the Website by any third party.
3.3 They do so in a way which ensures no part of the Website is copied, stored in a retrieval system, or transmitted in any form or by any means (including but not limited to electronic, mechanical, printed or recorded) to any third party without the prior written permission of ehospice.
4.1 The Website is intended to provide information which is general in nature only. As such, none of the Material should be considered as a substitute for specific advice being obtained by the User for specific situations. In particular Users should seek appropriate advice before taking or refraining from taking any action in reliance on any information or other Material contained in the Website, and it is the User’s sole responsibility to satisfy itself, prior to using the information and/or Material in any way, of its suitability for the User’s purposes.
4.2 So far as permitted by law, ehospice (and/or the organisation controlling and/or publishing any edition forming part of the Website) does/do not accept any liability to any person or organisation relating to the use of the Material.
4.3 Neither ehospice nor the organisation controlling and/or publishing any edition forming part of the Website is responsible for any action (or lack or omission of an action) taken by any person or organisation (wherever that person or organisation resides, operates from or is otherwise based) in respect of the Material or any part of it contained in or to which access is obtained via the Website.
4.4 It is acknowledged by the User that while every proportionate and appropriate step has been taken to ensure that Material on the Website is accurate at the time it originates, it may not be completely up to date.
5. Limitation of Liability
5.1 In no event shall ehospice nor the organisation controlling and/or publishing any edition forming part of the Website be liable for the following, however framed in law:
5.1.1 any indirect, punitive, special, incidental, or consequential damage including (but not limited to) damages for loss of use, data or profits arising out of, or in any way connected with the use or performance of, the Website; or
5.1.2 interruptions or delays to the Website; or
5.1.3 the provision of or failure to provide Service(s); or
5.1.4 any information, goods and services obtained through the Website or otherwise arising out of the use of the Website and/or the Material.
5.2 Without affecting the statutory rights of purchasers of any goods or products, or any specific terms and conditions of sale, the User agrees that its use of the Service(s) is on an ‘as is’ and ‘as available’ basis, whether express or implied or statutory.
6. Warranty and Indemnity
6.1 The User warrants to ehospice that it will not use the Website, the Material (or any part of it) for any purpose that :
6.1.1 is in contravention of any applicable law or regulation or
6.1.2 is in a manner that will infringe the copyright, trademarks, service marks or any other intellectual property rights of ehospice or of third parties or
6.1.3 will violate the privacy or other personal rights of any other person or organisation or
6.1.4 is in any way defamatory, obscene, threatening or abusive.
6.2 ehospice (and/or any organisation controlling and/or publishing any edition forming part of the Website) reserve the absolute right to bar Users from the Website, to report any misuse of the Website to the relevant authorities (wherever situated) and, where appropriate, to take legal action in respect of any infringement or breach of the terms and conditions of use of the Website.
6.3 To the fullest extent permitted by law, the User indemnifies ehospice, its employees and agents and any organisation controlling and/or publishing any edition forming part of the Website against all claims, liability, losses, damages and expenses including (without limitation) legal fees and costs arising out of, or incurred as a result of, any claims made, or litigation brought, against ehospice, its employees and agents, and any organisation controlling and/or publishing any edition forming part of the Website as a result of the use by the User of the Website and/or the Material, for whatever purpose.
7.1 Copyright in the Material on the Website (ie information, data, text, graphics, links or computer codes which are published on, contained in or available in the Website) is either owned by ehospice or the organisation controlling and/or publishing any edition forming part of the Website or the supplier(s) of that part of the Material. Use of the Material must comply with these terms and conditions unless ehospice (or, where applicable, the copyright owner or owners ) agree(s) otherwise. Note that all Material which takes the form, or is in the nature, of a database attracts database rights which are protected in the same way as copyright.
7.2 The name and any logo of ehospice and the globe device on the Website are trade names, service marks or trade marks of ehospice and may not be used without the prior written consent of ehospice.
8. Third Party Websites
The Website contains links to websites operated by parties other than ehospice and which are not under the control of, and are not maintained by, ehospice. ehospice includes these links to provide the User with access to information and services that it may find useful and/or interesting. ehospice (and/or the organisation controlling and/or publishing any edition forming part of the Website) does not endorse and is not responsible for the content or any aspect of these third party websites and/or pages or for anything provided by them. If the User has any concerns about the content or any aspect of any linked third party website or any website purporting to associate itself with ehospice please contact [the Website manager : email[ ]@[ ] ]
10. Viruses and Errors
Whilst ehospice makes all reasonable and proportionate attempts to exclude viruses from the Website it cannot ensure or guarantee such exclusion and no liability is accepted for damage caused through the downloading of viruses. In particular ehospice does NOT warrant (nor does the organisation controlling and/or publishing any edition forming part of the Website):
10.1 that the functions contained in this Website will be uninterrupted or error free, or
10.2 that defects will be detected, or
10.3 that this Website or the server that makes it available are free of viruses, or bugs or
10.4 that this Website represents the full functionality, accuracy and reliability of the Material.
and the User is strongly recommended to take all appropriate safeguards before downloading information from the Website.
Although the Website uses encryption security software where on line payment details are accepted and/or registration details are given, the security of information and payments transmitted via the internet cannot be guaranteed. Any loss incurred or sustained by any User who transmits information by means of email or other internet links shall be borne solely and exclusively by such User (unless the applicable prevailing law directs otherwise) and in no event shall any such loss be born in whole or part by ehospice or its employees or agents or by any organisation controlling and/or publishing any edition forming part of the Website.
12. Force Majeure
ehospice (and/or any organisation controlling and/or publishing any edition forming part of the Website) shall not be held in breach of its obligations, nor liable to the User for any loss or damage which may be suffered by it or any other person or organisation, for any cause beyond the reasonable control of ehospice or any organisation controlling and/or publishing any edition forming part of the Website. This includes (but is not limited to) any act of God, fire, storm, flood, lightening, disease, strike, trade dispute, act of terrorism, any act or omission of government or regulatory bodies or of communications operators.
13. Forums and exposure to material by use of the Website
Use of any forums on the Website constitutes acceptance by the User of these Terms and Conditions and any posted forum rules. ehospice and/or the organisation controlling and/or publishing any edition forming part of the Website reserves the right, without prior warning and at its sole discretion, to bar submissions which fail to comply with these Terms and Conditions and/or any forum rules. ehospice and the organisation controlling and/or publishing any edition forming part of the Website also reserves the right to delete any Material (whether in a forum or otherwise) which, in the sole discretion of ehospice and/or the organisation controlling and/or publishing any edition forming part of the Website is considered to be offensive or inappropriate. ehospice and/or any organisation controlling and/or publishing any edition forming part of the Website is/are not liable for any offensive or inappropriate material posted on the Website by forum users or any other third party User.
If you have any enquiries or complaints then please address them to:
[name of post ]
34-44 Britannia Street
London WC1X 9JG
[ email details ]
16.1 If any provisions of these Terms and Conditions are held to be invalid or unenforceable, the validity or enforceability of the remaining provisions shall not be affected.
16.2 Any failure of ehospice to exercise or enforce any of its rights under these Terms and Conditions shall not be deemed to be a waiver of any such rights or operate so as to bar the subsequent exercise or enforcement or any such rights.
16.3 If these Terms and Conditions are not accepted in full, the use of this Website must be terminated immediately.
17. Governing Law and Jurisdiction
The Terms and Conditions shall be governed and interpreted in accordance with English Law and the User consents to the exclusive jurisdiction of the English courts.
© ehospice 2012