terms & conditions | BRAFOUNDATION

Terms & conditions for the website www.brafoundation.org

1 Definitions

In the context of these terms and conditions, the following words shall have the following meanings:

“BRA Foundation”, “we” or “us” means Breast Reconstruction Advisory Foundation, a charitable trust registered with the Charity Commission for England and Wales under number 1127557 and having its registered office at [Basement Flat, 61 Blomfield Road, London W9 2PA];

“the Website” means the website at the domain www.brafoundation.org and any website under the ownership or control of BRA Foundation from which a link has been created to these terms and conditions;

“the Material” means the BRA Material, User Material, Medical Expert Material and Third Party Material published, contained or available on the Website;

“BRA Material” means all of the information, data, text, graphics, links, computer code or other content published, contained or available on the Website which is created by BRA Foundation excluding User Material, Medical Expert Material and Third Party Material;

“User” or “you” means the individual, firm, company or organisation accessing or posting User Material to this Website ;

“User Material” means any personal testimonial, email (or other communication), contribution, content, idea or other material which is submitted, transmitted or posted to the Website by a User;

“Medical Material” means any information, opinions or views made available by us on the Website provided by health professionals about health and medical issues;

“Third Party Material” means any other information created by third parties made available by us on the Website excluding User Material, Medial Material and BRA Material.

2 Introduction

2.1 The Website is owned and operated by BRA Foundation and any use made of this Website (including registrations and donations made via the Website), are subject to these terms and conditions. If you do not agree to be bound by these terms and conditions, please do not use the Website. BRA Foundation may, at its sole discretion, modify or revise these terms and conditions at any time by updating the text of this page.

2.2 The Website is intended to provide general information about breast reconstruction health issues and contains a broad range of Material including:

(i) BRA Material which is material created by us;

(ii) Medical Material which is material created by health and medical professionals and put on the Website by us;

(iii) User Material which is personal testimonials posted by Users; and

(iv) Third Party Material which is any other material created by other third parties who are not Users or experts.

2.3 All Users and third parties should clearly understand and be aware that all Material on the Website is for information purposes only and is not advice. The limitations of all such Material on the Website are more fully explained below, subject also to paragraph 6 (Limitation of Liability):

(i) The Material on this Website should not be considered as a substitute for consulting a doctor or other health professional for advice in respect of a User’s own personal situation. BRA Foundation does not state that the Material we provide on the Website will meet an individuals’ health and medical needs. BRA Foundation does not give medical advice in relation to any individual case or User, nor do we provide medical or diagnostic services. Users should seek appropriate advice before taking or refraining from taking any action in reliance on any Material contained in this Website;

(ii) Whilst BRA Foundation endeavours to ensure that the BRA Material on the Website is correct and accords with good medical practice, we do not guarantee that the BRA Material accessible via the Website is accurate, complete or correct. The BRA Material may be out of date, and we make no commitment to update such information;

(iii) BRA Foundation does not check (and does not represent, warrant or guarantee) the truthfulness, quality or reliability of any User Material nor do we endorse any opinions, advice or recommendations contained in any User Material;

(iv) Although we endeavour to ensure that Medical Material and Third Party Material is obtained from reliable and bona fide sources, such Medical Material and Third Party Material is obtained from third parties and we have not verified them. We cannot guarantee the accuracy or completeness of any Medical Material or Third Party Material and make no warranty or representation, express or implied, about them. Medical Material and Third Party Material are intended as a general guide only and are not be relied upon as health or other professional advice.

3 Use of the Website

3.1 Users are entitled to view and use the Website and the Material contained on it for their own personal non-commercial purposes provided:

(i) it is used for information purposes only, for reproduction for personal use only and not for reproduction on any other website or for commercial purposes;

(ii) any links created to the Website are notified to and approved by BRA Foundation before they are created;

(iii) 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 prior written permission of BRA Foundation.

4 Copyright, trade marks and other intellectual property

4.1 Unless otherwise stated, copyright and other intellectual property rights in the Website and the Material is owned by BRA Foundation or its licensors. The Material is protected by copyright laws and treaties around the world and all such rights are reserved. Unauthorised use of the Material including reproduction, storage, modification, distribution or republication without the prior written consent of BRA Foundation or, where applicable, the respective copyright owner(s), is prohibited.

4.2 The names and logos of BRA Foundation and all related product and service names, designs marks and slogans are the trade names, service marks or trade marks of BRA Foundation and may not be used without the prior written consent of BRA Foundation.

5 User Material and Indemnity

5.1 Other than personally identifiable information, which is covered under our Privacy Policy [insert link], any User Material shall be considered non-confidential and non-proprietary. Unless you specifically state otherwise when submitting User Material:

(i) You hereby waive any moral rights in your User Material for the purposes of its submission to and publication on the Website and the other purposes specified below;

(ii) You agree that BRA Foundation may but is not obliged to include your name and other personal details in conjunction with your User Material and its use.

5.2 If you do not wish to grant the rights in this paragraph 5 please do not submit your User Material or contact us to discuss this further.

5.3 BRA Foundation shall have no obligations with respect to such User Material and you hereby grant to us a perpetual, irrevocable, royalty-free, non-exclusive sub licensable right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, make available to the public, and exercise all copyright and publicity rights with respect to your User Material worldwide and/or to incorporate your User Material in other works in any media now known or later developed to the full term of any rights that may exist in your User Material without payment or compensation to you. This includes the right to publish your User Material on the Website.

5.4 Your warrant and represent in relation to your User Material:

(i) it is your own original work and that you have the right to make it available to BRA Foundation for all purposes and to grant the rights and licences referred to above;

(ii) it does not breach any of the terms of the Acceptable Use Policy (in paragraph 10 below) including any obligation of confidence; and

(iii) you have taken all possible care to ensure that your User Material will not attract any complaint.

5.5 You remain responsible and liable for the User Material you submit and you hereby indemnify BRA Foundation, its employees and agents, against all liabilities, losses, claims, damages, costs and other expenses (including reasonable legal fees and expenses) that we may incur as a result of your use of the Website, the Material, your User Material or any part thereof, to the fullest extent permitted by law.

5.6 In addition, BRA Foundation reserves the right, in our absolute discretion, at any time and without giving reasons or notice, to:

(i) temporarily or permanently suspend your access to the Website;

(ii) edit, not put on the Website or delete any User Material you submit.

5.7 BRA Foundation shall fully co-operate with any law enforcement authorities, regulatory agencies or court order requesting or directing BRA Foundation to disclose the identity or locate anyone posting any material in breach of these terms and conditions.

6 Limitation of liability

6.1 To the fullest extent permitted by law and subject to paragraphs 6.2 and 6.3, BRA Foundation hereby disclaims all implied warranties, representations and conditions with regard to the Material and any goods or services supplied in relation to the Website and shall not be liable for the following types of loss or damage whether the losses were foreseen, foreseeable, unforeseen, unforeseeable, known or otherwise:

(v) any loss or damage, however caused, to any person in connection with the use of or reliance on the Medical Material, User Material and Third Party Material;

(vi) any loss or damage which you suffer other than as a result of our failure to comply with these terms and conditions or our negligence or breach of statutory duty;

(vii) any indirect, punitive, special, incidental, or consequential losses or damages whatsoever 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;

(viii) any loss or damage suffered due to the default of any party other than BRA Foundation;

(ix) if for any reason the Website is unavailable at any time or for any period;

(x) in connection with the use of or reliance on any information, material, products or services contained on or accessed through any linked website.

6.2 To the extent that BRA Foundation is liable for any loss or damage, in no event shall such loss or damage exceed the amount recoverable and payable by BRA Foundation’s insurers.

6.3 Paragraphs 6.1 and 6.2 shall not apply to loss or damage arising out of or in connection with:

(i) death or personal injury caused by the negligence of BRA Foundation or its employees or agents; or

(ii) fraudulent or negligent misrepresentation; or

(iii) any other form of liability which cannot be limited or excluded under English Law.

7 Availability of Website

While BRA Foundation endeavours to ensure that the Website is normally available 24 hours a day, we reserve the right to withdraw, amend or temporarily suspend the Website without notice. From time to time, we may restrict access to some parts of our Website, or our entire Website.

8 Third party websites

The Website contains links to websites operated by parties other than BRA Foundation. Such links are provided for the User\’s convenience only. BRA Foundation does not monitor or control such websites, and is not responsible for their content. BRA Foundation\’s 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.

9 Online Community and Interactive Services

9.1 The on-line community and interactive services are not yet live. Terms and conditions will be added when this service launches.

10 Acceptable Use Policy

10.1 You may use the Website including any interactive services only for lawful purposes. You may not use the Website or the Material in any way (including when posting, submitting or transmitting to or from the Website any User Material):

(i) that breaches any applicable local, national or international law or regulation;

(ii) that infringes copyright, trade marks, service marks or other intellectual property rights of third parties;

(iii) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, violent, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;

(iv) for which you have not obtained all necessary licences and/or approvals;

(v) which constitutes, incites or encourages conduct that would be considered a criminal offence or fraudulent, give rise to civil liability or damage to any person or property, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world;

(vi) which is or promotes physically dangerous or harmful activity or is technically damaging (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data);

(vii) which is used to impersonate any person, or to misrepresent your identity or affiliation with any person;

(viii) which involves any kind of commercial activity including soliciting business, advertising, collecting or disseminating contact information for marketing purposes or involves any other kind of marketing activity; or

(ix) which breaches the privacy of any other person. User Material should relate to your own personal experience. You should not name any individuals (other than yourself) or include information through which another User could identify such an individual.

11 Privacy and Data Protection

Our Privacy Policy (which includes our policy on cookies) can be read in full here http://www.brafoundation.org/Privacyï»¿.

12 Viruses

Whilst BRA Foundation makes all reasonable attempts to exclude viruses from the Website it cannot guarantee the Website is virus free 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.

13 On-line Transactions

BRA Foundation 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 BRA Foundation reserves the right to refuse to accept any registration and to refuse to supply any goods or services to any individual.

14 Encryption

We do not accept payment directly through our Website. Our chosen provider in respect of receiving donations is Just Giving (justgiving.com). Although the Just Giving 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 BRA Foundation or its agents.

15 Force majeure

BRA Foundation 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.

16 General

16.1 If any provision in these terms and conditions shall in whole or in part be held to any extent to be invalid or unenforceable under any enactment or rule of law, such invalidity or unenforceability shall not affect the other provisions of these terms and conditions which shall remain in full force and effect.

16.2 Any failure of BRA Foundation 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 These 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. The Website is only intended to comply with the laws of England and Wales and BRA Foundation do not accept any liability where Users access this Website from outside England and Wales.