These are the general Terms and Conditions of Brain Tumour Research for use of this Website.
Please read these Terms and Conditions carefully. Use of the Website will be subject to these Terms and Conditions.
In these terms and conditions, the following definitions shall apply:
'Brain Tumour Research' means Brain Tumour Research Limited, a charity registered under number 1153487 (England and Wales), Company limited by guarantee number 08570737 (England and Wales), having its registered office at Suite 37. Shenley Pavilions, Chalkdell Drive, Shenley Wood, Milton Keynes, MK5 6LB.
'The Website' means any website under the ownership or control of Brain Tumour Research from which a link has been created to these Terms and Conditions;
'the Material' means all of the information, data, text, graphics, links or computer code published on, contained or available on the Website;
'User' means the individual, firm, company or organisation accessing this Website, placing an order for goods, or making postings to Brain Tumour Research Forums;
'Service' means any information and services provided by Brain Tumour Research through or via the Website.
2. Applicable terms and conditions
The Website is owned by Brain Tumour Research and any use made of this Website (including registrations and donations made via the Website), are subject to these Terms and Conditions. Brain Tumur Research may, at its sole discretion, modify or revise these Terms and Conditions at any time by updating the text of this page. Certain parts of the Service have additional terms that apply to them.
3. Use of the Website
3.1 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: 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 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 Brain Tumour Research; and
3.3 The User agrees to use this Website only for lawful purposes, and in a manner which does not infringe the rights, or restrict, or inhibit the use and enjoyment of the Website by any third party.
4. Copyright and trade marks
4.1 Copyright in the Material is owned by BrainTumour Research or its content suppliers. Unauthorised use of the Material including reproduction, storage, modification, distribution or republication without the prior written consent of Brain Tumour Research or, where applicable, the respective copyright owner(s) is prohibited.
4.2 The names and logos of Brain Tumour Research and all related product and service names, designs marks and slogans are the trade names, service marks or trade marks of Brain Tumour Research and may not be used without the prior consent of Brain Tumour Research.
4.3 All works in the nature of databases attract database rights.
5.1 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, Brain Tumour Research does not accept any liability to any person relating to the use of any such information.
5.2 Whilst Brain Tumour Research has taken every precaution in compiling this Website 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 Website.
6. Target audience
6.1 The Website is intended for use by UK residents and only in relation to their activities within the UK. It may not be appropriate to apply any of the information on the Website to activities outside the UK.
6.2 The information provided on this Website has not been written to meet individual requirements and it is the User's sole responsibility to satisfy itself prior to using the information in any way for its purposes.
6.3 The information contained on the Website was correct at the time of writing. However, due to research and medical advances, the content may not be completely up to date.
7. Warranty and indemnity
The User warrants to Brain Tumour Research 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. Brain Tumour Research reserves the right to bar users from this Website, to report any misuse of this Website to the relevant authorities and where appropriate to take legal action. The User shall indemnify Brain Tumour Research, its employees and agents, 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 Brain Tumour Research, 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
Without affecting the statutory rights of purchasers of any goods or products, or any specific terms included in the Terms and Conditions of sale the User agrees that its use of the Service is on an 'as is' and 'as available' basis and that its use of the Service is at its sole risk. On that basis, Brain Tumour Research hereby disclaims all warranties and conditions with regard to the Material, whether express or implied or statutory. In no event shall Brain Tumour Research be liable for any indirect, punitive, special, incidental, or consequential damages whatsoever including without limitation, damages for loss of use, data or profits arising out of or in any way connected with the use of performance of the Website, interruptions or delays to the Website, the provision of or failure to provide the Service, or for any information, Material, goods and services obtained through the Website or otherwise arising out of the use of the Website, whether based in contract, tort or otherwise to the fullest extent permitted by law.
9. Third party websites
This Website contains links to websites operated by parties other than Brain Tumour Research, which are not under the control of, and are not maintained by Brain Tumour Research. Brain Tumour Research has included links to these sites to provide the User with access to information and services that it may find useful or interesting. Brain Tumour Research is not responsible for the content of these sites and pages or for anything provided by them. If the User has any concerns about the content of any linked website or any website associating itself with Brain Tumour Research please contact us on 01908 867200; email email@example.com
10. Privacy and data protection
Brain Tumour Research does not warrant that the functions contained in the material contained in this Website will be uninterrupted or error free, that defects will be corrected, or that this Website or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy and reliability of the materials. Whilst Brain Tumour Research 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.
Although the Website uses encryption security software in areas where on line payment details are accepted and 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 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 Brain Tumour Research or its agents.
13. Force majeure
Brain Tumour Research 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.
Any person or organisation wishing to establish a link to this Website must obtain the prior written consent of Brain Tumour Research. Any request should be made by email to firstname.lastname@example.org. Submission of a link request to Brain Tumour Research confirms the User's agreement to comply with these Terms and Conditions.
15. Use of Brain Tumour Research forums
Use of Brain Tumour Research Forums constitutes acceptance by the User of these Terms and Conditions and the Forum Rules. Brain Tumour Research reserves the right, without prior warning, to bar submissions from individuals who fail to comply with these Terms and Conditions and/ or the Forum Rules and Brain Tumour Research further reserves the right to delete any Material which it in its sole discretion considers to be offensive or inappropriate. Please be aware that Brain Tumour Research cannot control the actions of users of the Brain Tumour Research Forums and is not liable for any inappropriate or offensive material posted on the Website by the Users. By using the Website and Brain Tumour Research Forums the User acknowledges and accepts the risk that it may be exposed to offensive or inappropriate material. If the User becomes aware of any breach of these rules please inform Brain Tumour Research immediately.
16. Complaints or enquiries
If you have any enquiries or complaints then please address them to:
Brain Tumour Research
17.1 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.
17.2 These Terms and Conditions constitute the entire agreement between Brain Tumour Research and the User and supercede all other (prior or contemporaneous) communications and proposals, whether electronic or written, between the User and Brain Tumour Research.
17.3 Any failure of Brain Tumour Research 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 of any such rights.
17.4 If these Terms and Conditions are not accepted in full, the use of this Website must be terminated immediately.
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.