1.1 These terms and conditions shall govern your use of our website.
1.2 By using our website, you accept the following terms and conditions in full and you agree to comply with them. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
1.3 We recommend that you print a copy of these terms for future reference.
2. Our details
2.1 This website is owned and operated by St David’s Hospice Care (Registered Charity Number: 1010576. Registered in Wales Number: 2700097. Registered Office: Blackett Avenue, Newport, NP20 6NH).
2.2 Our principal place of business is at Blackett Avenue, Newport NP20 6NH.
2.3 You can contact us:
- by post, to the postal address given above;
- using our website contact form;
- by telephone, on the contact numbers published on our website; or
- by email, using the email addresses published on our website or here at email@example.com
3. Copyright notice
3.1 Subject to the express provisions of these terms and conditions:
- we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material published on our website; and
- all the copyright and other intellectual property rights in our website and the material on our website are reserved.
4. Permission to use website
4.1 You may:
- view pages from our website in a web browser;
- download pages from our website for caching in a web browser;
- print pages from our website for your own personal and non-commercial use; and
- stream audio and video files from our website;
subject to the other provisions of these terms and conditions.
4.2 Except as expressly permitted by Section 4.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.
4.3 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website, including the material you have printed off or downloaded in any way.
4.4 Unless you own or control the relevant rights in the material, you must not:
- republish material from our website (including republication on another website);
- sell, rent or sub-license material from our website;
- show any material from our website in public;
- exploit material from our website for a commercial purpose; or
- redistribute material from our website.
4.5 Notwithstanding Section 4.4, you may redistribute our newsletter in print and electronic form to any person.
4.6 We reserve the right to suspend or restrict access to our website, to areas of our website and/or to functionality upon our website. We may, for example, suspend access to the website during server maintenance or when we update the website. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on the website.
5. Misuse of website
5.1 You must not:
- use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability, accessibility, integrity or security of the website;
- use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
- hack or otherwise tamper with our website;
- probe, scan or test the vulnerability of our website without our permission;
- circumvent any authentication or security systems or processes on or relating to our website;
- use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
- decrypt or decipher any communications sent by or to our website without our permission;
- conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent; or
- do anything that interferes with the normal use of our website.
6.1 Any advertising of products on our website constitutes an "invitation to treat" rather than a contractual offer.
6.2 We may periodically change the products available on our website, and we do not undertake to continue to supply any particular product or type of product.
6.3 Prices stated on our website may be stated incorrectly.
6.4 The sale and purchase of products through our website will be subject to Terms and Conditions of Online Purchase, which we will ask you to agree to each time you make a purchase on our website.
6.5 Any product reviews that you submit for publication on our website shall be subject to the terms of Section 9 and Section 10.
7. Our rights to use your content
7.1 In these terms and conditions, "your content" means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us for us to publish on, process by, or transmit via, our website.
7.2 You grant to us a worldwide, , irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media.
7.3 You grant to us the right to sub-license the rights licensed under Section 9.2.
7.4 You grant to us the right to bring an action for infringement of the rights licensed under Section 9.2.
7.5 You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.
8. Limited warranties
8.1 We do not warrant or represent:
- the completeness or accuracy of the information published on our website;
- The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
- that the website will operate without fault; or
- that the website or any service on the website will remain available.
8.2 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
8.3 To the maximum extent permitted by applicable law and subject to Section 9.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.
9. Limitations and exclusions of liability
9.1 Nothing in these terms and conditions will:
- limit or exclude any liability for death or personal injury resulting from negligence;
- limit or exclude any liability for fraud or fraudulent misrepresentation;
- limit any liabilities in any way that is not permitted under applicable law; or
- exclude any liabilities that may not be excluded under applicable law.
9.2 The limitations and exclusions of liability set out in this Section 11 and elsewhere in these terms and conditions:
- are subject to Section 11.1; and
- govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
9.3 To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.
9.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
9.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
9.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.
9.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.
9.8 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
9.9 Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
10. Third party websites
10.1 Our website includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.
10.2 We have no control over third party websites and their contents, and subject to Section 11.1 we accept no responsibility for them or for any loss or damage that may arise from your use of them.
11. Trade marks
11.1 Our logos and our other registered and unregistered trade marks are trade marks belonging to us; we give no permission for the use of these trade marks, and such use may constitute an infringement of our rights.
11.2 The third party registered and unregistered trade marks or service marks on our website are the property of their respective owners and, unless stated otherwise in these terms and conditions, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.
12.1 We may revise these terms and conditions from time to time.
12.2 The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.
13.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
13.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
14.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
14.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
15. Third party rights
15.1 A contract under these terms and conditions is for our benefit and your benefit and is not intended to benefit or be enforceable by any third party.
15.2 The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.
16. Entire agreement
16.1 Subject to Section 15.1, these terms and conditions together with our Privacy and Cookies policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.
16.2 If you purchase goods or services from our website, our Terms and Conditions of Purchase, Delivery and Return policies will apply to the sales.
17. Law and jurisdiction
17.1 These terms and conditions shall be governed by and construed in accordance with the laws of England and Wales.
17.2 Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England and Wales.