Terms of website use

 

Please read these Terms and Conditions carefully before using this website. We recommend that you print a copy for future reference, and check back regularly as these Terms and Conditions may be updated from time to time.

1. Introduction

1.1 This page (together with the documents referred to on it) sets out the terms of use (the “Terms”) on which you may make use of our website [insert website address here] (the “Website”) whether as a guest or registered user.

1.2 By using the Website, you confirm that you accept these Terms regardless of whether or not you choose to register with us and that you agree to abide by them. If you do not accept these Terms, please refrain from using the Website.

1.3 These Terms refer to our Privacy Policy [insert link], which sets out the terms on which we process personal data. By using the Website, you consent to such processing and you warrant that all personal data provided by you to us is accurate.

2. Information about us

2.1 The Website is operated by The Lullaby Trust (“We”/“Us”/“Our”). We are a registered in charity in England under charity number 262191 and have our registered office at 11 Belgrave Road, London SW1V 1RB.

3. Accessing the Website

3.1 This Website is made available free of charge.

3.2 Access to the Website is permitted on a temporary basis, and we reserve the right to restrict access, suspend, withdraw, discontinue or amend the service we provide on the Website without notice (see below). Whilst we endeavour to ensure that the Website is normally available 24 hours a day, we will not be liable if for any reason the Website is unavailable at any time or for any period.

3.3 You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms, and that they comply with them.

3.4 You may access some areas of the Website without registering your details with us. Certain areas of the Website are only open to you if you register.

4. Registration of your account and password

4.1 Each registration is for a single user only.

4.2 We do not permit you to share your user name and password with any other person. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party. Responsibility for the security of any passwords issued rests with you.

4.3 We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.

4.4 If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at [insert email or contact details].

5. Intellectual Property Rights

5.1 Unless otherwise stated, the copyright and other intellectual property rights in all material on the Website (including without limitation photographs and graphical images) are owned by us or our licensors.

5.2 Save as set out in these Terms, any use of extracts from the Website for any purpose is prohibited.

5.3 Save as set out in these Terms, no part of the Website may be copied, reproduced, republished, uploaded, posted, transmitted or distributed or stored in any way without our prior written permission.

5.4 The use of any material on the Website on any other website or network computer environment is prohibited.

5.5 Any rights not expressly granted in these Terms are reserved.

5.6 You are permitted to print and download extracts from the Website for your own use on the following basis:
1. no documents or related graphics on the Website are modified in any way;
2. no graphics on the Website are used separately from the corresponding text; and
3. our copyright and trade mark notices and this permission notice appear in all copies.

5.7 If you print, copy, download or otherwise use any part of the Website in breach any of these Terms, your permission to use the Website automatically terminates immediately and you must, at our option, return or destroy any copies of the materials you have made.

6. No reliance on information posted

6.1 We use reasonable efforts to ensure that the content on the Website is accurate and up-to-date, but we appreciate that errors or omissions may occur from time to time. We make no representations, warranties or guarantees, whether express or implied, that the content on the Website is accurate, complete or up-to-date.

6.2 The content on the Website is provided for general information only. It is not intended to amount to advice on which reliance should be placed. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Website.

7. Liability

7.1 We, any other party (whether or not involved in creating, producing, maintaining or delivering the Website), and any of the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with the Website in any way or in connection with the use, inability to use or the results of use of the Website, any websites linked to the Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Website or your downloading of any material from the Website or any websites linked to the Website.

7.2 Notwithstanding any other provision of these Terms, nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.

7.3 To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Website or any content on it, whether express or implied.

7.4 We will not be liable for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with use of or reliance on any content displayed on our Website, whether posted by us or by third parties.

7.5 We only provide our Website for domestic and private use. You agree not to use our Website for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

7.6 We assume no responsibility for the content of websites linked on our Website. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

8. Material uploaded to the Website

8.1 Any material you upload to the Website will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose.

8.2 We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our Website constitutes a violation of their intellectual property rights, or of their right to privacy, or in connection with any other legal claim. We may also disclose your identity in response to requests from law enforcement agencies.

8.3 We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the Website.

8.4 We have the right to remove any material or posting you make on our Website if, in our opinion, such material is in breach of the content standards set out below in clause 9 and the warranties set out below at clause 14.1.

9. Content standards

9.1 Whenever you make use of a feature that allows you to upload content to our Website, or to make contact with other users of our Website, you must comply with these Terms, including the content standards set out below. These content standards apply to any and all material which you contribute to our Website.

9.2 You must not post, link or transmit to the Website any material which is unlawful, abusive, malicious, threatening, hateful, defamatory, obscene, pornographic, blasphemous or otherwise objectionable in any way.

9.3 You will respect the privacy of others and you will not send or contribute harassing, slanderous or threatening content.

10. Viruses, hacking and other offences

10.1 While we take reasonable care in managing the Website, we do not guarantee that the Website will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access our Website. You should use your own virus protection software.

10.2 You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which our Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you may be committing a criminal offence under the Computer Misuse Act 1990 and other applicable laws. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.

10.3 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any material posted on it, or on any website linked to it.

11. Links to and from other websites.

11.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

11.2 You must not establish a link from any website that is not owned by you.

11.3 The Website must not be framed on any other site, nor may you create a link to any part of the Website other than the home page. We reserve the right to withdraw linking permission without notice.

11.4 If you wish to make any use of material on the Website other than that set out above, please address your request to [insert contact information here].

12. Third party links and resources on the Website

12.1 Any links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.

13. Data protection and privacy

13.1 We process information about you in accordance with our [Privacy Policy]. By using the Website, you consent to such processing and you warrant that all data provided by you is accurate.

14. Your obligations and warranties

14.1 You represent, undertake and warrant to us that you will use the Website for lawful purposes and only as authorised herein. In particular, you represent, warrant and undertake to us that you will:
1. not use or authorise or permit any other person to use the Website in any manner which imposes an unreasonable load on the Website and/or which may compromise the feedback system (if any) offered to you;
2. use any password which may be given to you by us only for the authorised purpose communicated to you by us and you will notify us immediately of any known or suspected unauthorised use of the password (see clause 4 above). You will be liable for any unauthorised use of your password;
3. observe the procedures which we may from time to time prescribe;
4. not post, link or transmit to the Website any material which contains a virus or other hostile computer program or run any applications that could lead to a modification of the physical or logical structure of the networks being used;
5. not post, link or transmit to the Website any material which constitutes or encourages the commission of a criminal offence or which infringes any patent, trade mark, design rights, copyright or any other intellectual property right or similar rights of any persons;
6. adhere to laws for the protection of minors;
7. not use any names, documents, pictures or other elements of the Website so as to create the impression of any relationship whatsoever with any of our products or services (see clause 11.1 above), or of support for any of our products or services without our prior written consent; and
8. not develop or attempt to develop programs designed to bypass the user interface to access our program functions.

14.2 You shall indemnify us for any breach of the warranties set out above in this clause.

14.3 Using the Website for the purpose of spamming and any other form of commercial advertising or marketing is not permitted and you will be liable for any resulting damages.

15. General provisions

15.1 We may revise these Terms at any time by updating this page without notice. You should check the Website from time to time to review the then current Terms to take notice of any changes we made, as they are binding on you.

15.2 We may update the Website from time to time, and may change the content at any time. However, please note that any of the content on the Website may not be fully up to date at any given time, and we are under no obligation to update it and we make no commitment to update such material.

15.3 Whilst we endeavour to ensure that the information on the Website is correct, we do not warrant the accuracy and completeness of the material on the Website. The material on the Website is provided “as is”, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with the Website on the basis that we exclude all representations, warranties, conditions and other terms which, but for these terms of use, might have effect in relation to the Website.

16. Governing law and jurisdiction

16.1 The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to the Website although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.

16.2 These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

Issue Date: 25th April 2016

 

The Lullaby Trust, 11 Belgrave Road, London SW1V 1RB Registered Charity Number: 262191. Registered Company Number 01000824

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