THIS DOCUMENT SETS OUT THE TERMS AND CONDITIONS (“TERMS”) ON WHICH DEVON CARERS, AS DEFNIED BY THE LEAD ORGANISATION WESTBANK (Registered Charity No. 1119541) AND IT’S PARTNER: FAMILYCARERSNET LIMITED, (“WE”, “US” OR “OUR”) PROVIDE YOU (“YOU”, “YOUR” OR “USER”) WITH ANY OF THE SERVICES (“SERVICES”) OFFERED ON ITS WEBSITE WWW.DEVONCARERS.ORG.UK (“WEBSITE”).
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICES. YOU ACKNOWLEDGE THAT BY USING THE SERVICES OFFERED BY US, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, YOU WILL NOT BE ABLE TO USE THE SERVICES OFFERED BY US. IF YOU ARE USING THE SERVICES ON BEHALF OF YOUR EMPLOYER OR ACTING AS AN EMPLOYEE, YOU WARRANT THAT YOU ARE AUTHORISED TO ENTER INTO LEGALLY BINDING CONTRACTS ON BEHALF OF YOUR EMPLOYER. THE SAME RIGHTS, LIMITATIONS AND RESTRICTIONS SHALL APPLY TO YOUR EMPLOYER. YOU AGREE THAT THESE TERMS ARE ENFORCEABLE AS IF THEY WERE A WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOUR EMPLOYER.
YOU ARE ADVISED TO PRINT AND RETAIN A COPY OF THESE TERMS FOR YOUR FUTURE REFERENCE.
THESE TERMS MAY BE SUBJECT TO CHANGE, AND ACCORDINGLY YOU ARE ADVISED TO REFER BACK TO THESE TERMS FROM TIME TO TIME AND BEFORE REGISTERING WITH THE WEBSITE.
IMPORTANT NOTICE: We do not endorse or support any view or advice given on the Website. Members, POD Members, Professional Members, Partners and other third parties are able to post blogs and advice notes as well as post on discussions. All posts are made by that respective Member, POD Member, Professional Member, Partner or third party and you rely on them at your own risk. We are in no way liable for your reliance on, or use of, any advice or guidance given by other Members, POD Members, Professional Members, Partners or Third Parties on the Website.
INFORMATION ABOUT US AND THE WEBSITE
- Who we are. The Website is managed, operated and maintained by FamilyCarersNet Limited. The POD is owned and managed by FamilyCarersNet Limited Ltd, a company registered in England and Wales with registered company number 10139289, and having its registered address at Greenwood House, Greenwood Court, Bury St. Edmunds, Suffolk, United Kingdom, IP32 7GY.
- How to contact us. You can contact us in writing by completing a ‘Contact Form’ available on the Website or the postal address at clause 1.1.
- How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address that you provide us during your registration as a Member, POD Member or Professional Member.
- “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
- The purpose of our Website. The Website is an online digital community designed for the support of unpaid carers. Subject to clause 7.2, the Website allows:
- Peer to peer discussions between Members, POD Members, Professional Members and Third Parties;
- You to undertake a quick health insights to gain a better understanding of your current stress and/or wellbeing levels;
- Professional Members to post blogs and articles for viewing by other Members, POD Members, Partners and Third Parties; and
- POD Members, Professional Members and Third Parties to book and attend events advertised on the Website from time to time, which are promoted by us.
- To enable us to provide the Website and the Services, we require the input, support and/or assistance from certain “Partners”. We may reference these Partners on the Website from time to time as well as providing you more information on such Partner. Partners will not be able to post, comment or reply to any blogs, articles or discussions on the Website, but may access and view such content in the same way as a Member.
- In addition to Partners, we may from time to time work with certified and approved third parties (each a “Third Party”) to support or assist our delivery of the Website and the Services. In addition to being able to access and view content on the Website in the same way as a Member, a Third Party may, upon approval from us, post certain blogs, articles or discussions to the Website from time to time for you to view and, where applicable, respond to.
Assurances we require from you. You:
- are at least 16 years old;
- have the capacity to agree to these Terms; and
- are not in any way prevented by law in the country which you are currently located to enter into these Terms.
- As a “Member”, you may access the Website and Services without registering your details through the Website. You will be able to use the Website as a Member free of charge and make limited use of the Services, including the ability to browse Website content. To make full use of the Services and the Website, you will need to register as a POD Member, which will work on a paid for basis and incur a monthly subscription cost. Such monthly subscription cost will be set out on the Website and may be updated from time to time.
- How to become a Professional Member. To become a “Professional Member”, meaning a Member that has a current and recognised professional qualification in medicine, counselling or any other health profession, you will need to register as a Professional Member on the Website. We may ask you to provide proof of your professional qualification. You agree to provide us promptly with such proof on request. In the event that you cannot provide proof of your professional qualification on request, you will lose your status as a Professional Member. As a Professional Member, you will be able to post blogs, articles or respond to other Members, POD Members and Third Parties discussions on the Website.
- Creating a Profile on the Website. As a POD Member or Professional Member, you can create your own profile for the purpose of using the Services and the Website, which is made available to other Members, POD Members, Professional Members, Partners and Third Parties (“Profile”). Your Profile can include details about your caring activities, location, username (for the purpose of proposing discussion topics, responding to existing discussion topics or posting anything on the Website) and photographs of you. It is up to you how much detail you put in your Profile and whether or not you display a photograph as part of your Profile. When you post anything on the Website, the post will be accompanied by your username so that other Members, POD Members, Professional Members, Partners and Third Parties can see that you have posted this piece of information.
- Details on the registration process. By registering your details and becoming a POD Member or Professional Member you consent to us conducting verification and security procedures in respect of the information provided by you online.
- You hereby warrant that the information provided by you to us is true, accurate and correct. You further warrant that you shall promptly notify us in the event of any changes to such information.
- Upon the completion and submission of the online registration form on the Website, you shall be sent a verification email (“Verification Email”) to the email address you provided on the registration form. This Verification Email will contain details of how to activate your Profile. Your Profile will not be accessible until you have activated it in accordance with the instructions in the Verification Email.
- Keep your login details safe. You shall keep your registration details for the Website (“Login Details”) confidential and secure. Without prejudice to any other rights and remedies available to us, we reserve the right to promptly disable your Login Details and suspend your access to the Website in the event that we have any reason to believe you have breached these Terms.
ADDITIONAL REQUIREMENTS FOR POD MEMBERS
- A “POD Member” is a Member or Professional Member with access to additional Services and the Website. Any Member or Professional Member may become a POD Member by registering or updating their registration details through the Website.
- Paid for basis. POD Members are required to subscribe for access to the Services and Website on a paid for basis (“POD Membership”). To become a POD Member, you must submit either your bank account details, credit/debit card details or SagePay account details at the time of registering as, or upgrading to become, a POD Member. The POD Member subscription cost is as displayed on the Website from time to time, and is payable monthly in advance. Fees will be taken automatically from the bank account, debit/credit card or SagePay account given as part of your registration or upgrade.
- We use third party payment handlers to process your payment and by becoming a POD Member on the Website, you agree that you have given us permission to do so. Payment of the POD Member subscription charges (“Fees”) may be by bank direct debit, debit or credit card or through SagePay, or such other method as specified on the Website from time to time.
- Changes to your POD Membership. We may increase the Fees from time to time, save that no increases shall apply in respect of periods for which you have paid in advance. We may also make changes to the Services you may access with your POD Membership.
- NHS and Local Authority codes for POD Member access. If you are a patient with the NHS in England and Wales or under the oversight of a UK local authority, you may be able to benefit from a free or reduced priced POD Membership to the Services and the Website. Each year each of (i) the NHS in England and Wales and/or (ii) UK local authorities purchase a certain number of free or reduced price POD Memberships in bulk per geographical area. You should seek guidance on this from your relevant NHS trust or local authority. In the event that you qualify for one of these NHS or local authority POD Memberships, the respective NHS trust or local authority will be issued a code. You must enter the NHS or local authority code, at the time of registering as a POD Member on the Website. An NHS or local authority code will allow you additional access to the Services and the Website as a POD Member, and either no payment or a reduced amount of the Fees will be taken from you in respect of such access and use of the Website and/or Services.
- Note that even where you are using an NHS or local authority POD code, you will still need to provide payment details when registering as a POD Member, as detailed at clause 4.2. This is to cover the situations whereby either your NHS or local authority code expires and you wish to continue as a POD Member, at which point the Fees will be automatically taken from your payment account or if the NHS or local authority code is a reduced price code, then you will be charged the reduced portion of the Fees.
- Expiration of an NHS or Local Authority code. NHS and local authority codes will have an expiry date. If you, as a POD Member, are using an NHS or local authority code, we will send you an email thirty (30) days before the expiration of your NHS or local authority code to inform you that the code will expire on a certain date and that, if you want to remain as a POD Member, no action is required at the expiry of your NHS or local authority code and we will automatically renew your Subscription and take the Fees from your payment account or You can remove yourself as a POD Member by updating your registration details on the Website, thereby becoming a Member with limited access to the Services and the Website.
- Auto-renewal of your POD Membership. Unless you change your mind during the Cancellation Period (as defined below) or it is otherwise terminated in accordance with these Terms, your POD Membership shall remain in force for a period of one (1) month (“Subscription Period”). Unless you have notified us through the Website prior to the end of your Subscription Period that you wish to cancel your POD Membership, your POD Membership shall automatically renew for further Subscription Periods.
- Paying for further Subscription Periods. In order to automatically renew your POD Membership pursuant to clause 4.7 above, we shall automatically charge you for the relevant fees for such renewal by using the details of your debit or credit card, bank details or SagePay account that you provided during your registration. If your debit or credit card, bank account or SagePay details have changed since you registered on the Website, we may not be able to automatically renew your POD Membership.
- Your right to cancel your POD Membership if you change your mind. You have the right to change your mind and cancel a POD Membership, provided we receive your cancellation notice within fourteen (14) days after the day your POD Membership starts. This period shall be referred to as the “Cancellation Period”. You can notify us of your decision to cancel your POD Membership by writing to us using the contact details at clause 1.2 above. Valid cancellation by you will be effective from the date we receive your written notice.
- Advice about your legal rights to cancel are available from your local Citizens’ Advice Bureau or Trading Standards office. We reserve the right to withhold your access to the additional Services available to POD Members during the Cancellation Period.
- If you cancel your POD Membership during the Cancellation Period as described in clause 4.9 above:
- but you have not accessed or otherwise used the Services and/or Website, you will receive a full refund of the Fees paid by you; or
- but you have accessed the Services and/or Website, you will receive a refund of the Fees paid by you less a pro rata proportion of those Fees decided at our discretion and representing your access and use of the Services and/or Website up to and including the date you notify us of your decision to cancel your POD Membership in accordance with clause 4.9.
FORMATION OF CONTRACT BETWEEN US
- How your Contract with us is formed. Your contract (“Contract”) with us shall commence at such time as you either (i) activate your registration through the link provided in your Verification Email or (ii) begin to make use of the Website and/or the Services.
- We can reject your registration. Notwithstanding clause 5.1, we can:
- accept or reject your application to register for any reason; and
- refuse you access to the Services and/or Website (partly or wholly) if you breach any of the provisions hereunder.
- How long will your Contract with us continue. Unless otherwise expressly set out to the contrary herein, your Contract with us shall remain in force for the duration of your use of the Services, or until terminated in accordance with these Terms.
- How you can terminate your Contract. As a Member, POD Member or Professional Member, you may terminate your Contract with us at any time by contacting us through the Website or by deleting your Profile. If you are a POD Member, your termination is subject to clause 4.7.
- We can terminate your Contract. We may terminate your Contract at any time and for any reason by providing fourteen (14) days’ notice to you in writing or by e-mail. If you are a POD Member on termination, we shall refund to you on a pro-rata basis any Fees paid to us and representing any unused period of your POD Membership. For the avoidance of doubt, if you use an NHS or local authority code for your POD Membership, you will not receive any such pro-rata refund.
- Our additional right to suspend a POD Members access to additional Services. In addition to our other rights under this clause 5, we may suspend your POD Membership in the event that we have not received from you any Fees by the applicable due date.
- Suspending your access to the Website or terminating your Contract. We may suspend your access to the Services and/or Website or terminate your Contract at any time and without notice to you if:
- the third party services and network providers cease to make the third party service or network available to us;
- we believe that you or someone using your Login Details has failed to comply with one or more of these Terms;
- we believe that there has been fraudulent use, misuse or abuse of features or functionalities of the Services and/or Website (in whole or in part);
- we believe that you have provided any false, inaccurate or misleading information; or
- we believe that you are not acting in a personal capacity.
- You agree that you are solely responsible and liable for all activities on the Website.
- What happens if someone else uses your Login Details. You must promptly notify us in the event there is a breach of security or any unauthorised use of your Login Details. We may be contacted through the details at clause 1.2 above.
- What you can and can’t post on the Website. You shall not post on the Website through your use of the Services, any information, comments, images, reviews, third party URL links or other material whatsoever in any format (“Submissions”), whether on your Profile or elsewhere on the Website, that may reasonably be deemed to be offensive, illegal, inappropriate or that in any way:
- promote racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harass or advocate harassment of another person;
- display pornographic or sexually explicit material;
- promote any conduct that is abusive, threatening, obscene, defamatory or libellous;
- promote any illegal activities;
- provide instructional information about illegal activities, including violating someone else’s privacy or providing or creating computer viruses;
- promote or contain information that you know or believe to be inaccurate, false or misleading;
- engage in or promote commercial activities and/or sales, including but not limited to contests, sweepstakes, barter, advertising and pyramid schemes, without our prior written consent;
- infringe any rights of any third party; or
- is in contravention of our Safeguarding Policies and/or Terms of Professional Governance, which are available to view on the Website.
- You give us a right to use your Submission. You hereby grant to us a non-exclusive, perpetual, irrevocable, transferable, sub-licensable and royalty-free licence to use, copy, display, distribute, sub-licence, host, retain for archiving purposes and publish for our own business purposes and for the purpose of performing our obligations under these Terms all Submissions made by you on the Website.
- What we can do with your Submission. You acknowledge that making a Submission does not guarantee that such Submission, or any part thereof, shall appear on the Website. You agree that we may, on receiving any notice in accordance with clause 6.6, choose to continue to display or remove any Submission or any part of the same that you make on the Website.
- Reporting content or posts on the Website. If you feel that any Submission made by another Member, POD Member, Professional Member, Partner or Third Party is objectionable, please contact us using the contact details set out on the Website. We shall use our reasonable endeavours to review the relevant Submission as soon as is practicable and shall take such action as we deem necessary, if any at all.
- More restrictions regarding your use of the Website. You further agree that at all times, you shall:
- not use your Login Details with the intent of impersonating another person;
- not allow any other person to use your Login Details;
- not use the information presented on or obtained using the Website or derived from the Services for any purposes other than those expressly set out in these Terms;
- not do anything likely to impair, interfere with or damage or cause harm or distress to any persons using the Website or in respect of the network;
- not use the Website, the content therein and/or do anything that will infringe the intellectual property rights or other rights of any third parties;
- comply with all instructions and policies from us from time to time in respect of the Services and the Website;
- co-operate with any reasonable security or other checks or requests for information made by us from time to time; and
- use the information made available to you on the Website and through the Services at your own risk.
- What happens if you are in breach of this clause 6. In the event that we, in our sole and absolute discretion, consider that you have breached any of the terms set out in this clause 6, we reserve the right to immediately terminate, without notice, your use of and access to the Services and the Website. In the case of any illegal use of the Website, we reserve the right to take legal proceedings against you as appropriate.
OUR RIGHTS AND OBLIGATIONS
- What we are providing you. In consideration for your compliance with these Terms, we shall use our reasonable endeavours to provide you with the Services through the Website.
- We can make changes to the Website and the Services. We reserve the right to make any changes to the Website including any functionalities and content therein or to discontinue any aspect of the Services or features of the Website without notice.
- We can restrict your access to the Website and Services. We shall be entitled, at our own discretion, to suspend the Website (wholly or partly) for any reason whatsoever, including but not limited to repairs, planned and emergency maintenance or upgrades, and shall not be liable to you for any such suspension or unavailability of the Website (wholly or party).
- Our reliance on third party providers could impact the availability of the Website. We rely on third party providers (such as network providers, data centres, telecommunication and content providers) to make the Website and the Services available to you. Whilst we take all reasonable steps available to provide you with a good level of service, you acknowledge and agree that we do not warrant that the Website shall be uninterrupted or fault-free at all times. We therefore shall not be liable in any way for any losses you may suffer as a result of delays or failures to the Services and/or the Website as a result of our service providers.
- Updating these Terms and how this is notified to you. We may update or modify these Terms from time to time and shall notify you of any such updates and revisions through a message displayed on the Website. Your continued use of the Services and/or the Website (whether wholly or partly) shall be deemed your acceptance of such change(s) in respect of the updated or modified Terms.
YOUR RELATIONSHIP WITH OTHER MEMBERS, POD MEMBERS, PROFESSIONAL MEMBERS, PARTNERS AND THIRD PARTIES
- We are not a participant to discussions made on the Website. You acknowledge and agree that we only provide you with the Services and the Website. You understand that we are not involved in, or participate in any way with, any contact, discussions or meetings (face-to-face or otherwise) between you and other Members, POD Members, Professional Members, Partners or Third Parties.
- You are responsible for your dealings with other Members, POD Members, Professional Members, Partners and Third Parties. Consequently, you acknowledge and agree that we shall not be liable in any way and for any reason whatsoever in respect of your relationship with other Members, POD Members, Professional Members, Partners and Third Parties.
- Take care when meeting other Members, POD Members, Professional Members, Partners or Third Parties. We recommend that you take all reasonable care when arranging any meeting or otherwise with any other Member, POD Member, Professional Member, Partner or Third Party.
- We don’t vet Members, POD Members, Professional Members, Partners or Third Parties nor do we monitor any of their Profiles. You acknowledge that we do not have any control of and therefore can not reasonably accept any liability in respect of the behaviour, response or actions of any Members, POD Members, Professional Members, Partners or Third Parties. We make no representations and assume no responsibility for any Members, POD Members, Professional Members, Partners or Third Parties. We are not able to vet, verify the accuracy, correctness and completeness, monitor, edit or modify any POD Member or Professional Member Profiles. Consequently, all Member, POD Member, Professional Member, Partner or Third Party information and content available on the Website is provided to you “as is” and you agree that any use made of such content shall be strictly at your own risk. We recommend that you do not rely solely on such information in making or refraining from making a decision or to embark on a specific course of action.
- We do not guarantee or promise that you will achieve a particular result or outcome through your use of the Services or the Website.You are responsible for your communications with other Members, POD Members, Professional Members, Partners and Third Parties. You acknowledge and agree that you are solely responsible for all communication with, and any subsequent dealings with, other Members, POD Members, Professional Members, Partners and Third Parties.
OUR AFFILIATIONS AND LINKING
- Third party links may appear on the Website. The Website provides links to and content from third party websites. Such third party websites are not operated or controlled in any way by us and accordingly we accept no responsibility for the availability, suitability, reliability or content of such third party websites and do not endorse or support the views expressed therein.
- Use of third party websites is subject to separate terms. Third party websites operate under their own terms and conditions, and you are advised to read such terms and conditions prior to making use of such third party website. Further, where you access any third party website through a link on our Website, you acknowledge and agree to abide by the terms and conditions of such third party website.
- Campaigns and Initiatives. We may from time to time promote certain campaigns or initiatives relating to unpaid carers like You. These campaigns or initiatives will be promoted on the Website and You will be able to view details of such campaign or initiative. We may also provide you with links to the websites of such campaign or initiative for you to gain further detail and insight. Once you access such third party campaign or initiative website, the provisions of clause 9.1 and 9.2 above will apply.
YOUR USE OF THE WEBSITE AS A MEMBER OR PROFESSIONAL MEMBER
- As a Member or Professional Member, you will be able to access the Website and browse the Website content. Members will be able to view advice and guidance from Professional Members in read only format and view existing discussion groups, again in read only format, as well as undertaking online surveys, questionnaires, polls and/or other types of information gathering response applications with the intent of providing you information in relation to your general mental, emotional and physical health & wellbeing. You will not be able to start discussions or respond to existing discussions on the Website.
- To make use of all of the Services, you must become a POD Member. POD Members will be able to make full use of all of the Services and the Website.
YOUR USE OF THE WEBSITE AS A POD MEMBER
- As a POD Member, you will have additional access to and use of the Services and the Website. In addition to the Services available to all Members and Professional Members, POD Members will also be able to make use of the following Services:
- Starting discussions, responding to existing discussions and sending direct messages to other POD Members. As a POD Member, you will be able to start new discussions, respond to existing discussions on the Website and send direct messages to other POD Members. You will also be able to post views or questions in relation to blogs or articles posted by Professional Members or Third Parties. Each time you post a comment in a discussion or in response to a blog or article, or your send a direct message to another POD Member, that post or direct message will show your username and recognise you as the POD Member that posted that piece of information or sent that direct message. Other Members, POD Members, Professional Members, Partners and Third Parties will also be able to see these comments and recognise you as the creator of that post. Other Members, POD Members, Professional Members, Partners and Third Parties will also be able to click on your username and view your Profile.
- As a POD Member, you may view events, activities and offers in your area, which are promoted by Us, and book such events throughhttp:// the Website. POD Members may view details of these events, activities and offers through the Website and if POD Members are interested in attending such event or activity then they will be able to request a booking for that event or activity through the Website. Unless it is an Event (as defined in clause 12 below) the events or activities are run and organised by third parties and not Us. We will act as an intermediary for you in booking such event, activity or offer. If you, as a POD Member, request a booking for an event, activity or offer through the Website, we will contact the third party organiser of that event or activity and attempt to make the booking. We do not guarantee that we will be able to make such booking for you and your booking request through the website is subject to acceptance from the third party event or activity organiser.
- Once we have received confirmation from that third party event or activity organiser, we will confirm the same to you and issue you either a ticket or a voucher for such event, activity or offer. Each event, activity or offer may be organised and undertaken subject to the terms and conditions of the third party event or activity organiser and we are not a party to any such booking by you, nor are we liable in any way for any loss or damage you may suffer as a result of that booking, or your attendance at, such event, activity or offer.
- We may from time to time organise events or activities where you can meet other POD Members, Professional Members, Partners and Third Parties (“Event”).
- We reserve the right at our sole and absolute discretion and for whatever reason to:
- accept or reject your application for registration to an Event; or
- refuse your attendance at any Event.
- We shall use reasonable endeavours to ensure that Events are conducted on the date specified on the Website, but we shall not be liable for any losses, liabilities, costs or expenses incurred by you should we change the date and/or time of the Event.
- Cancellation may be necessary in exceptional circumstances and we reserve the right in our absolute discretion to cancel an Event. We will not pay any compensation, nor be responsible for any costs or expenses incurred by you as a result.
- Unless otherwise expressly stated by us at the time of booking, you will not be able to cancel or receive a refund for any tickets, vouchers or offers purchased by, or given to, you for an Event.
- You agree to comply with any policies and/or procedures in force at the venue at which the Event is to be performed, including any reasonable security procedures in place from time to time. We reserve the right to refuse you admission to any Event where you breach any such policies and/or procedures.
EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITY
- Don’t rely on Submissions. We do not verify and do not have any control in respect of any Submission. We do not warrant or guarantee the accuracy, correctness, reliability or suitability of any Submission or any other information made available to you through your use of the Website and/or Services. If you intend to use and/or rely upon any Submission or any other information made available to you through your use of the Website and/or Services, you do so at your own risk and liability.
- We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the agreement was made, both we and you knew it might happen.
- We are not responsible for any loss or damage that is not foreseeable.
- We only supply the Website and Services for your domestic and private use. You agree not to use the Website or the Services for any commercial, business or re-sale purpose, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity arising from your use of the Website and/or Services.
- Subject to clause 13.7, our maximum aggregate liability to you as a Member, Professional Member, Partner or Third Party under or in connection with our Contract will be limited to one hundred pounds sterling (£100).
- Subject to clause 13.7, our maximum aggregate liability to you as a POD Member under or in connection with our Contract will be limited to the Fees paid for your POD Membership.
- We do not exclude or limit in any way our liability for:
- death or personal injury caused by our negligence or the negligence of Our employees, agents or subcontractors; or
- fraud or fraudulent misrepresentation.
- We don’t endorse or support any advice or recommendations from Members, POD Members, Professional Members, Partners or Third Parties. You acknowledge and agree that where the Website includes views, opinions, advice or recommendations from Members, POD Members, Professional Members, Partners and Third Parties, such views, opinions, advice and recommendations are not endorsed or supported by us and to the maximum extent permitted by law, we exclude all liability for the accuracy, suitability, reliability, defamatory nature, completeness, timeliness or otherwise of such views, opinions, advice or recommendations.
- Any reliance on Submissions is at your own risk. Your use and reliance on the information made available on the Website and/or through your use of the Services, including any Submissions, shall be at your own risk and we shall not be liable whatsoever for any damage and/or loss which you may incur as a result of or in connection with your use and reliance of such information and/or Submission.
- Commentary and other materials posted on the Website by us is for information purposes only and should not be taken as advice on taking any specific course of action. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any Member, POD Member, Professional Member, Partner or Third Party of the Website, or by anyone who may be informed of any of its contents. Further, responsibility for decisions taken on the basis of information, suggestions and advice given to you by us (including through the Website) shall remain solely with you.
INTELLECTUAL PROPERTY RIGHTS
- Our rights to the Website and Services. We and our licensors own all the intellectual property rights relating to the Website.
- You are expressly prohibited from:
- reproducing, copying, editing, transmitting, uploading or incorporating into any other materials, any of the Website, including without limitation, any information, articles, photographs, images or submissions made available to you through your use of the Website and/or the Services; and
- removing, modifying, altering or using any registered or unregistered marks/logos/designs owned by us, another Member, POD Member, Professional Member, Partner or Third Party and/or our licensors, and doing anything which may be seen to take unfair advantage of our reputation and goodwill or could be considered an infringement of any of the rights in the intellectual property rights owned by and/or licensed to us.
DISPUTES AND COMPLAINTS
- We are not responsible for your disputes with other Members, POD Members, Professional Members, Partners or Third Parties. In the event that you have a dispute with another Member, POD Member, Professional Member, Partner or Third Party, you hereby release us from any claims, demands and damages (whether actual or consequential) of any kind or nature, known or unknown, arising out of or in connection with such dispute.
- What to do if you want to complain about a Member, POD Member, Professional Member, Partner or Third Party. If you have any complaints in relation to another Member, POD Member, Professional Member, Partner or Third Party, we would advise in the first instance to discuss this with that Member, POD Member, Professional Member, Partner or Third Party. In the event that such discussions do not result in a resolution to the complaint, you may contact us using the details at clause 1.2 above. We will use our reasonable endeavours to respond to any such complaint within a reasonable time, and take any reasonable action which we deem appropriate to resolve or rectify the subject matter of such complaint.
- If you think a Member, POD Member, Professional Member, Partner or Third Party is in breach of these Terms. If you have reason to believe that any of the Terms herein have been breached by another Member, POD Member, Professional Member, Partner or Third Party, or you have a complaint to make, please e-mail us using the contact details at clause 1.2 above. All notification and communication to us should be sent to the contact details provided herein.
EVENTS OUTSIDE OUR REASONABLE CONTROL
- We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by an Event Outside Our Control.
- What We mean by an Event Outside Our Control. An “Event Outside Our Control” means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, failure of public or private telecommunications networks, or cyber-attack.
- If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms:
- we will contact you as soon as reasonably possible to notify you; and
- our obligations under these Terms will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.
OTHER IMPORTANT TERMS
- We may transfer this agreement to someone else. We may transfer our rights and obligations under these Terms to another organisation.
- You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these Terms to another person if we agree to this in writing.
- Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these Terms.
- If a court finds part of this contract illegal, invalid or unenforceable, the rest will continue in force. Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.
- Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
- Which laws apply to this contract and where you may bring legal proceedings. These Terms are governed by the laws of England and Wales and you can bring legal proceedings in respect of any dispute arising under your Contract in the English courts.
- Only these Terms apply to your contract with us. These Terms and any document expressly referred to in them represent the entire agreement between you and us in respect of your use of the Website and the Services, and shall supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing.