© Bolton Hospice 2004

PREAMBLE
Use of the Website

Anyone is entitled to view the Website and to use for their own purposes the information contained therein, provided:

(1) any such person accepts the terms and conditions set out below which
acceptance is signified by viewing and using the Website

(2) 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) The User understands that the information on the Website has not been written to meet individual requirements and appropriate advice may be necessary

(4) Any links created to the Website are notified to and approved in writing by Bolton Hospice before they are created

(5) 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 written permission of Bolton Hospice

TERMS AND CONDITIONS OF USE

1. Definitions

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

"Bolton Hospice" means Bolton Hospice, a charity registered under number 518704 and a company limited by guarantee registered under number 4325234, having its registered office at 60 Chorley New Road Bolton BL1 4DA and where it is appropriate the expression shall extend to include its trustees, employees and agents;

“the Website” means any website under the ownership or control of Bolton Hospice 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 wherever based accessing this website or offering to register or purchase;

2. Applicable terms and conditions

The Website is owned by Bolton Hospice and any use made of the Website (including registrations and donations made via the Website), are subject to these terms and conditions. Since Bolton Hospice may revise these terms and conditions from time to time users should check the terms and conditions as any use of the Website is subject thereto.

3. Copyright and trademarks

3.1 Copyright in the material is owned by Bolton Hospice or its content suppliers and any unauthorised use of material other than personal may amount to infringement of copyright and liability to damages

3.2 The trade names logos service marks and trademarks associated with Bolton Hospice are the property of Bolton Hospice and may not be used without the prior consent of Bolton Hospice

4. Disclaimer

4.1 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, Bolton Hospice does not accept any liability to any person relating to the use of any such information

4.2 Whilst Bolton Hospice has taken all reasonable precautions in compiling the Website it does not warrant the accuracy or completeness of the material and neither it nor any contributors to the Website accept responsibility for any act or omission by any user as a result direct or indirect of reliance upon any material or other information contained in or accessed through the Website

5. Target Audience

The Website is intended for use by UK residents but legal references are based upon and directed towards English Law. Users outside England and Wales should take independent advice

6. Warranty by User

The User warrants to Bolton Hospice that it will not use the Website, the Material or any part thereof

6.1 for any illegal or immoral purpose

6.2 in a manner that will infringe the copyright, trademarks, service marks or other intellectual property rights of Bolton Hospice or any third party

6.3 in a manner which interferes with the rights to privacy of any individual or infringes his or her human rights

6.4 in any defamatory, obscene, threatening, abusive or hateful manner

7. Indemnity by User

The User undertakes that it will keep Bolton Hospice fully indemnified against all actions claims proceedings costs and damages (including any damages or compensation paid by Bolton Hospice on the advice of its legal advisors to compromise or settle any claim) and all legal costs or other expenses arising out of or incurred as a result of any claim by a third party against Bolton Hospice as a result of the use by the user of the Website, material or any part thereof for whatsoever purpose

8. Limitation of liability

The User acknowledges and agrees with Bolton Hospice that all representations warranties and conditions expressed or implied whether statutory or otherwise are expressly excluded upon and in relation to the use of the website and the material. Without limiting those general words of exclusion there are excluded in particular warranties and conditions as to title, quiet possession, satisfactory quality, fitness for any particular or any purpose and as to description as to any use of the material which the user may be permitted under these conditions. In no circumstances shall Bolton Hospice be liable for any direct, indirect or consequential losses allegedly sustained as a result of 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 in relation to the use of the website, the provision of or failure to provide services or information, material, goods or services available through the Website or otherwise arising out of the use of the website

9. Third party websites

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

10. Privacy and Data Protection

Our Privacy Statement can be read in full on the website

11. Viruses

Whilst Bolton Hospice 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. Users should take all appropriate safeguards before downloading information from the Website.

12. On-line Transactions

Event registration fees and prices of goods and services on the website are invitations to users to offer to register or purchase and are always subject to availability. Bolton Hospice reserves the right

12.1 to vary event registration fees and the prices of goods or services listed without notice

12.2 to refuse to accept any registration

12.3 to refuse to supply any goods or services to any individual

13. 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 Bolton Hospice

14. Force majeure

Bolton Hospice shall not be held to be in breach of its obligations hereunder or otherwise nor liable to the User for any loss or damage which may be suffered by the User or another party due to any cause beyond its reasonable control including without limitation any act of God, fire, storm, flood, lightning, disease, strike, trade dispute, act of terrorism, any act or omission of government or regulatory bodies or communications operators.

15. General

15.1 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.

15.2 These terms and conditions constitute the entire agreement between Bolton Hospice and the User and supercede all other (prior or contemporaneous) communications and proposals, whether electronic or written, between the User and Bolton Hospice.

15.3 Any failure of Bolton Hospice 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. 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.