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Online Terms and Conditions of Use

This Website includes content and data privileges accessed using the Website. Against Breast Cancer Ltd enables users of the Website (“You”, “Your”) to have access to such data on these terms only. The use of this Website indicates your acceptance of these terms and conditions. Please read them carefully and print a copy for future reference.

Information Security ABC employ up to date electronic and physical security to try to ensure that Your data is kept secure in accordance with the Data Protection Act principles and the Computer Misuse Act. Whilst we use commercially reasonable efforts to check for the most commonly found viruses, worm, and or trojan horses, or other newly created viruses we are not in a position to confirm that this Website and any links to it will be free from such viruses and cannot accept any liability in this regard due to the fast changing nature of such threats.  We therefore recommend that you carry out your own virus checks, particularly before opening any link or using the Website.

1. Definitions

In these conditions, the following terms shall have the following meaning:

“The Company” (also referred to as ‘we’ and ‘us’ or ‘ABC’) refers to Against Breast Cancer Limited a charity registered under number 1121258 and a company limited by guarantee registered under number 6310215, VAT No 930093938, having its registered office at Leathem House, 13 Napier Court, Barton Lane, Abingdon, Oxfordshire, OX14 3YT.

“the Website” (also referred to as the “site”) means any website under the ownership or control of the Company from which a link has been created to these terms and conditions;

“Intellectual Property Rights” means all intellectual and industrial property rights including patents, know-how, registered trade marks, registered designs, utility  models, Material,  applications  for  and  rights  to apply for any of the foregoing, unregistered design rights, unregistered trade marks, rights to prevent passing off for unfair competition and copyright, database rights, topography rights, domain names and any other rights in any invention, discovery or process, in each case in the United Kingdom and all other countries in the world and together with all renewals and extensions;

“the Material” means all of the information, data, text, graphics, links or computer code published on, contained, embedded in the source code and software or available on the Website;

“User” (also referred to as “you” or ”Your”) means the individual, firm, company or organisation accessing and or using this Website or making an Order through this Website;

2. Applicable terms and conditions

The Website is owned by Against Breast Cancer Limited and any use made of this site (including registrations and donations made via the Website), are subject to these terms and conditions together with any specific terms relating to any particular fund raising event that has been communicated to You. Against Breast Cancer Limited may, at its sole discretion, modify or revise these terms and conditions at any time by updating the text of this page and you must ensure that you check its contents regularly to ensure you are complying with it.

3. 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 information contained therein, provided that:
3.1 it is used for information purposes only, for reproduction for personal use only and not for reproduction on any other website or for commercial gain;
3.2 any links created to the Website are notified to and approved by Against Breast Cancer in writing before they are created; and
3.3 no part of the Website is copied, stored in a retrieval system, or transmitted in any form or by any means to any third party without the written permission of Against Breast Cancer Limited.

4. Intellectual Property Rights

4.1 The names, images and logos identifying ABC, its customers, subcontractors, Suppliers and their products and services are subject to commercial business rights generally called Intellectual Property Rights, including copyright, design rights, patents, database rights and trademarks owned by the respective parties. These rights mean that the party who owns them can insist that they are treated in certain ways in order to protect the ownership of those rights. Nothing contained in these Terms shall be construed as conferring by implication, estoppel, and usage or otherwise any license or right to use any Intellectual Property Rights including trademark, patent, design right or copyright of ABC, its subcontractors or suppliers. Unless otherwise specified the copyright in the contents of all the pages in this web site are owned or licensed to ABC.
4.2 Unless otherwise specified, the authors of the literary and artistic works in the pages in this Website have asserted their moral right pursuant to Section 77 of the Copyright Designs and Patents Act 1988 to be identified as the author of those works.
4.3 Copyright in the Material is owned by Against Breast Cancer Limited or its content suppliers. Unauthorised use of the Material including reproduction, storage, modification, distribution or republication without the prior written consent of Against Breast Cancer Limited or, where applicable, the respective copyright owner(s) is prohibited.
4.4 The names and logos of Against Breast Cancer Limited and all related product and service names, designs marks and slogans are the trade names, service marks or trade marks of Against Breast Cancer Limited and may not be used without the prior consent of Against Breast Cancer Limited.

5. Disclaimer

The website is intended to provide general information only and, as such, should not be considered as a substitute for advice covering any specific situation. Users should seek appropriate advice before taking or refraining from taking any action in reliance on any information contained in this website. So far as permissible by law, Against Breast Cancer Limited does not accept any liability to any person relating to the use of any such information.

Whilst Against Breast Cancer Limited has taken every precaution in compiling this site neither it nor any contributors to the site can be held responsible for any action (or the lack thereof) taken by any person or organisation wherever they shall be based, as a result, direct or otherwise, on information contained in or accessed through this internet site.

6. Target audience

The Website is hosted and its data is physically located in England, and is intended for use by English residents and only in relation to their activities within the UK. It may be dangerous to apply any of the information on the Website to activities outside the UK.

Against Breast Cancer Limited does not represent or warrant that the information accessible via the Website is accurate, complete or correct. Against Breast Cancer Limited has no liability whatsoever in respect of any use which you make of such information except in the case of personal injury or death caused by the negligence of Against Breast Cancer Limited.

The information provided on this Website has not been written to meet individual requirements and it is your sole responsibility to satisfy yourself prior to using the information in any way for your purposes. Before making any decisions based on the information contained on the Website, you are strongly advised to refer to alternative, independent sources of information to substantiate the basis for your decision.

7. Warranty and indemnity

The User warrants to Against Breast Cancer Limited that it will not use the Website, the Material or any part thereof for any purpose that is in contravention of any applicable law or regulation or in a manner that will infringe the copyright, trademarks, service marks or other intellectual property rights of third parties or violate the privacy, publicity or other personal rights of others or in any defamatory, obscene, threatening, abusive or hateful manner. The User shall indemnify Against Breast Cancer Limited, its employees and agents, harmless 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 Against Breast Cancer Limited, its employees and agents, as a result of the use by the User of the Website, the Material or any part thereof for whatever purpose, to the fullest extent permitted by law.

8. Limitation of liability

Against Breast Cancer Limited hereby disclaims all warranties and conditions with regard to the Material and any goods or services supplied in relation to the Website, whether express or implied or statutory (including all implied warranties and conditions of merchantability and fitness for a particular purpose). In no event shall Against Breast Cancer Limited be liable for any indirect, punitive, special, incidental, or consequential damages whatsoever even if Against Breast Cancer Limited has been advised of the possibility of damages including, without limitation, damages for loss of use, data or profits arising out of or in any way connected with the use or performance of the Website, interruptions or delays to the Website, the provision of or failure to provide services, or for any information, Material, goods and services obtained through the Website or otherwise arising out of the use of the Website, whether based on contract, tort or otherwise to the fullest extent permitted by law.

9. Third party websites

The Website contains links to websites operated by parties other than Against Breast Cancer Limited. Such links are provided for the User’s convenience only. Against Breast Cancer Limited does not control such websites, and is not responsible for their content. Against Breast Cancer Limited inclusion of links to such websites does not imply any endorsement of the material on such websites or any association with their operators. The User is solely responsible for evaluating the accuracy and completeness of any information contained on the third party websites, and also the value and integrity of any goods and services offered by such websites.

10. Viruses

Whilst Against Breast Cancer Limited makes all reasonable attempts to exclude viruses from the website it cannot ensure such exclusion and no liability is accepted for damage caused through the downloading of viruses. Therefore, you are recommended to take all appropriate safeguards before downloading information from the Website.

11. On-line Transactions

Against Breast Cancer Limited reserves the right to vary event registration fees and the prices of any goods or services listed without notice. All event registrations and orders for goods or services are subject to availability and Against Breast Cancer Limited reserves the right to refuse to accept any registration and to refuse to supply any goods or services to any individual.

12. Encryption

Although the Website uses encryption security software in areas where on line payment details are accepted, 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 e-mail or other Internet links shall be borne solely and exclusively by such User and in no event shall any such loss in whole or part be borne by Against Breast Cancer Limited or it’s agents.

13. Force majeure

Against Breast Cancer Limited shall not be held to be in breach of its obligations hereunder nor liable to the User for any loss or damage which may be suffered by another party due to any cause beyond its reasonable control including without limitation 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 communications operators.

14. Data Protection & Privacy

Any details which You provide to ABC from which We can identify You are held and processed in accordance with our Data Protection Principles, and you hereby confirm your irrevocable consent to use Your personal Data for the processing of any transactions envisaged by these Terms.

Personal data, including but not limited to profiles of users retailer, service provider access patterns may be used by Us for the purposes of providing targeted offers and promotions to You both by tailoring of the online presence and also, where You have opted in to receive email & SMS marketing, by targeted email & SMS marketing. This information is limited to first and last name and, if relevant, unique identifier (such as your IP address). Further details are set out in our Privacy Policy including details of how to obtain a copy of all personal data that we hold about you.

15. IP Addresses and Cookies

A cookie is a small amount of data, which often includes a unique identifier that is sent to your computer or mobile phone (referred to here as a “device”) browser from a website’s computer and is stored on your device’s hard drive. Each website can send its own cookie to your browser if your browser’s preferences allow it, but (to protect your privacy) your browser only permits a website to access the cookies it has already sent to you, not the cookies sent to you by other websites. Many websites do this whenever a user visits their website in order to track online traffic flows.

On the ABC’s Website, cookies record information about your online preferences and allow us to tailor our services to your interests. You have the opportunity to set your devices to accept all cookies, to notify them when a cookie is issued, or not to receive cookies at any time. The use of the last of these options means that certain personalised features cannot then be provided to You and accordingly You may not be able to take full advantage of all of the our Website or the third party website’s features. Each browser is different, so check the “Help” menu of your browser to learn how to change your cookie preferences.

During the course of any visit to Website, the webpages you see, along with a cookie, are downloaded to your device. The majority of websites do this, because cookies enable website publishers to do useful things like find out whether the device (and probably its user) has visited the website before. This is done on a repeat visit by checking to see, and finding, the cookie left there on the last visit.

Our Website may contain embedded “Share” buttons or software code to enable users of our Website to connect to popular social network providers.  These third party sites may set cookies or other monitors that track your use of their service. ABC does not control the use of these cookies and you should check with the relevant third party website you are using for the terms that they impose on you.

16. General

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 These terms and conditions constitute the entire agreement between Against Breast Cancer Limited and the User and supercede all other (prior or contemporaneous) communications and proposals, whether electronic or written, between the User and Against Breast Cancer Limited.
16.3 Any failure of Against Breast Cancer Limited 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.

17. Jurisdiction

The terms and conditions and the use by the User of the Website shall be governed by the laws of England and Wales and the parties hereto submit to the exclusive jurisdiction of the English courts in all disputes arising out of or relating to the Website and/or any transactions made on the Website, or these terms and conditions.

January 2014

© 2000-2014 Against Breast Cancer and against breast cancer logo are registered trademarks of Against Breast Cancer Limited, All rights reserved.

– See more at: http://www.againstbreastcancer.org.uk/terms/#sthash.DE4SUuLm.dpuf