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Any reference to “you” or “your”, means you as a user of the Website.
Any reference to “we”, “us” or “our” is to St Clare Hospice who are the Data Controller and to The Online Book Company Limited acting as Data Processor on behalf of St Clare Hospice.
INFORMATION ABOUT THE ST CLARE HOSPICE
We are ST CLARE WEST ESSEX HOSPICE CARE TRUST incorporated Company number 2951374 and registered in England with charity number 1063631, whose registered office is at Hastingwood Rd, Hastingwood, Essex CM17 9JX.
INFORMATION ABOUT THE ONLINE BOOK COMPANY
We operate the Website https://www.rememberalovedone.com/stclareshospice on behalf of St Clare Hospice. We are The Online Book Company Limited, a company registered in England and Wales under company number 3564242 and with our registered office at Bishop Fleming, Chy Nyverow, Newham Road, Truro, Cornwall TR1 2DP. Our VAT number is 849 4247 91.
YOUR USE OF THE WEBSITE
The objective of the Website is to enable online donations by supporters in memory of their loved ones plus add their messages to the online book of supporters of St Clare Hospice.
The contents of the Website may not be used by you in any way except for your own personal, private and non-commercial use, unless otherwise expressly permitted by us. You must not use any part of the materials on our Website for commercial purposes without obtaining a licence to do so from us or our licensors.
You agree that you will not use the Website in any way that may lead to the encouragement, procurement or carrying out of any criminal or unlawful activity or that is fraudulent, or has any unlawful or fraudulent purpose or effect. Furthermore, you agree not to do anything that may cause damage to the Website or our servers, systems or equipment or those of third parties, nor access any users’ data or penetrate or circumvent any Website security measures or attempt to do any such acts.
You accept that you are able stop using the Website at any time and at your sole discretion. We reserve the right to suspend, restrict or terminate your access to the Website or any part of it at any time at our sole discretion.
ACCESSING OUR WEBSITE AND AVAILABILITY
Access to the Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our Website without notice (see below). We will not be liable if for any reason our Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our Website, or our entire Website, to users.
While we endeavour to ensure that this Website is normally available 24 hours a day, we cannot promise that our Website will be free from errors or omissions nor that it will be available uninterrupted and in a fully operating condition. The Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons reasonably beyond our control. We will not be liable to you or to any other person in the event that all or any part of the Website is discontinued, modified or changed in any way.
You are responsible for making all arrangements necessary for you to have access to our Website. You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these terms, and that they comply with them.
You may be required to register your details and/or open an account to access some areas of the Website. You undertake to complete the registration form fully, and that all information provided is up to date, true, accurate and complete.
Each registration is for a single user only. We do not permit you to share your user name and password with any other person nor with multiple users on a network.
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party.
INTERACTIVE SERVICES AND CONTENT STANDARDS
Whenever you make use of a feature that allows you to upload material to our Website, or to make contact with other users of our Website, you must comply with the content standards set out below. By using these services you promise that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.
We will use reasonable endeavours to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our Website, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our Website, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.
Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
These content standards apply to any and all material which you contribute to our Website and to any interactive services associated with it:
- Be accurate (where they state facts).
- Be genuinely held (where they state opinions).
- Comply with applicable law in the UK and in any country from which they are posted.
Contributions must not:
- Contain any material which is defamatory of any person.
- Contain any material which is obscene, offensive, hateful or inflammatory.
- Promote sexually explicit material.
- Promote violence.
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any copyright, database right or trade mark of any other person.
- Be fraudulent or otherwise likely to deceive any person.
- Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
- Promote any illegal activity.
- Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
- Be likely to harass, upset, embarrass, alarm or annoy any other person.
- Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
- Give the impression that they emanate from us, if this is not the case.
- Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
- For the purpose of harming or attempting to harm minors in any way.
- Be of the nature of or otherwise instigate or encourage or unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
VIRUSES, HACKING AND OTHER OFFENCES
You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any material posted on it, or on any website linked to it.
INTELLECTUAL PROPERTY RIGHTS
The Online Book Company are the owner or the licensee of all copyright and other intellectual property rights in this Website, and in the material published on it. Those works are protected by intellectual property laws and treaties around the world. All such rights are reserved.
The names, images and logos identifying us, companies in our group, our partners or third parties and our/their products and services are proprietary marks and may not be reproduced or otherwise used without express permission.
You hereby grant to us a perpetual, royalty-free, irrevocable worldwide licence to use, copy, display, reformat, amend, change, excerpt, distribute or sub-license for profit or otherwise in public both on the Website and for any other purpose as we see fit from time to time. You further acknowledge and agree that such material is not uploaded or posted subject to any obligation of confidence.
OUR WEBSITE CHANGES REGULARLY
The Online Book Company aim to update our Website regularly, and may change the content at any time. If the need arises, we may suspend access to our Website, or close it indefinitely. Any of the material on our Website may be out of date at any given time, and we are under no obligation to update such material.
RELIANCE ON INFORMATION POSTED AND DISCLAIMER
While we endeavour to ensure that the information on this Website is correct, we make no promise nor do we give any warranty or guarantee regarding the accuracy and completeness of the material on this Website. Commentary and other materials posted on our Website are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such information, commentary and materials by any visitor to our Website, or by anyone who may be informed of any of its contents.
The material displayed on our Website is provided “as is” without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
INFORMATION ABOUT YOU AND YOUR VISITS TO OUR WEBSITE
Processing by a processor shall be governed by a contract or other legal act under UK law, that is binding on the processor with regard to the controller and that sets out the subject-matter and duration of the processing, the nature and purpose of the processing, the type of personal data and categories of data subjects and the obligations and rights of the controller. That contract or other legal act shall stipulate, in particular, that the processor:
a) processes the personal data only on documented instructions from the controller, including with regard to transfers of personal data to a third country or an international organisation, unless required to do so by UK law to which the processor is subject; in such a case, the processor shall inform the controller of that legal requirement before processing, unless that law prohibits such information on important grounds of public interest;
b) ensures that persons authorised to process the personal data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality;
c) takes all measures required pursuant to Article 32;
d) respects the conditions referred to in paragraphs 2 and 4 for engaging another processor;
e) taking into account the nature of the processing, assists the controller by appropriate technical and organisational measures, insofar as this is possible, for the fulfilment of the controller’s obligation to respond to requests for exercising the data subject’s rights laid down in GDPR Articles 12 – 23
f) assists the controller in ensuring compliance with the obligations pursuant to Articles 32 to 36 taking into account the nature of processing and the information available to the processor;
g) at the choice of the controller, deletes or returns all the personal data to the controller after the end of the provision of services relating to processing, and deletes existing copies unless UK law requires storage of the personal data;
h) makes available to the controller all information necessary to demonstrate compliance with the obligations laid down in this Article and allow for and contribute to audits, including inspections, conducted by the controller or another auditor mandated by the controller.
With regard to point (h) the processor shall immediately inform the controller if, in its opinion, an instruction infringes this Regulation.
LINKING TO OUR WEBSITE
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
Our Website must not be framed on any other website without our prior written consent, nor may you create a link to any part of our Website other than the home page without prior written permission. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out above.
If you wish to make any use of material on our Website other than that set out above, please address your request to email@example.com
LINKS FROM OUR WEBSITE
Where our Website contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
JURISDICTION AND APPLICABLE LAW
The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our Website although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.
This Website is based in England and is intended for users in the United Kingdom. We make no representations that the materials and Website are suitable for users outside the United Kingdom, and if you choose to access the Website from outside of the United Kingdom you are solely responsible for ensuring compliance with all relevant local laws.
If you have any concerns about data or material which appears on our Website, please contact:
For all technical queries you may contact firstname.lastname@example.org or call +44 (0)1872 226800.
These terms and conditions were last updated on 1st August 2018.