Terms and conditions
1. About This Agreement
This Agreement is a legal document, which sets
out your rights and obligations and those of "The 7th Malvern
Scout Group" (a charity registered in England under registration no. 1074046),
"www.7thmalvernscouts.org.uk", "we" or "us", in
relation to this site and the services offered through the " www.7thmalvernscouts.org.uk
" Service. By registering for www.7thmalvernscouts.org.uk, you agree to
the terms of this Agreement, and you confirm that agreement every time you use
it.
Visitors to www.7thmalvernscouts.org.uk who do
not register (see clause 4 below) also agree that they are bound by this
Agreement each time they access www.7thmalvernscouts.org.uk. This Agreement may
change as specified in clause 15 of this Agreement. In order to use www.7thmalvernscouts.org.uk,
you must have Internet access and all the software and ability to use the web
and email.
"Scout Unit" refers to a Scout Group,
District, County/Area or National/Area or National Unit of The Scout Association.
"User" refers to either the
subscriber, any visitor to the web site or persons permitted to use the
service.
2 Personal
Information and Data Protection
The Personal Information and Data Protection
Statement forms part of this Agreement and must be construed in conjunction
with this Agreement. www.7thmalvernscouts.org.uk will
take every precaution to avoid personal data being used for improper purposes.
3. Types of membership
People who sign up to www.7thmalvernscouts.org.uk
must be "members".
4. Operation of the service
www.7thmalvernscouts.org.uk reserves the right to
withdraw or modify one or more aspects of the www.7thmalvernscouts.org.uk where
we have legal or technical reasons to do so.
www.7thmalvernscouts.org.uk is intended to be used by
its members for the purposes referred to in Clauses 3 and 4. Accordingly,
members must not use the access to www.7thmalvernscouts.org.uk, or information
gathered from it, for the sending of unsolicited bulk email (known as spaming).
There may also be times when www.7thmalvernscouts.org.uk
becomes unavailable, (on a planned or unplanned basis). For security or other
reasons, we may require you to change your password or other information, which
facilitates access to www.7thmalvernscouts.org.uk.
5. Information posted on the site
by members
The User should be aware that www.7thmalvernscouts.org.uk
does not pre-screen or monitor all of the material contributed by members.
However we do randomly monitor the site to support the Child Protection Policy
of The Scout Association.
We reserve the right, if a member appears to us
to be in breach of any provision of this Agreement: (a) to suspend or terminate
any member's access to www.7thmalvernscouts.org.uk, or parts of it, (b) to
edit, or require the member to edit material posted on www.7thmalvernscouts.org.uk.
Any person whose access has been suspended or
terminated must not re-register for, or re-access, www.7thmalvernscouts.org.uk
without our prior consent. Each member is responsible for everything which is
done on or through www.7thmalvernscouts.org.uk while their membership account
is logged on to www.7thmalvernscouts.org.uk, or through their email address(es).
6. Withdrawal of material and
termination of membership
Each member acknowledges that www.7thmalvernscouts.org.uk
are entitled to withdraw any material on the site which appears whether based
on information received from members or others, or our own determination to be
capable of breaching any part of this Agreement, or to bring www.7thmalvernscouts.org.uk
into disrepute. Each user acknowledges that www.7thmalvernscouts.org.uk does
not monitor all material, which appears on the site.
The User is held responsible for ensuring that
no material used on this service will:
Cause offence or be of a threatening or obscene
nature.
Infringe the Intellectual Rights of a third party.
Breach the laws of this Country or the Country where
message is destined.
If you see anything on www.7thmalvernscouts.org.uk
which you think would cause offence, appears inappropriate or you feels
infringes this Agreement, then please inform us by emailing us at admin@7thmalvernscouts.org.uk
7. New Products and services
www.7thmalvernscouts.org.uk, the 7th
Malvern Scout Group or its affiliates may in the future offer new services
through www.7thmalvernscouts.org.uk from time to time. Your use of these
services may be subject to additional terms and conditions or rules of use.
These terms or rules will be notified to you in an appropriate manner (as
determined by www.7thmalvernscouts.org.uk in its reasonable discretion). Any
failure by you to comply with a material provision of the terms or rules
governing those services will constitute a breach of this Agreement.
8. Disclaimer
www.7thmalvernscouts.org.uk has no control over or
responsibility for the accuracy of any material available on the site, whether
provided by members or others.
If any third party sites are linked to or from www.7thmalvernscouts.org.uk,
this does not mean that we endorse or have any responsibility for the site in
question or anything which appears on it. Even though
members are prohibited from doing so, people may provide information, or
otherwise behave, in a way that is misleading or even illegal. Contributors may
not necessarily be who they say they are. Your use of www.7thmalvernscouts.org.uk
is entirely at your own risk.
Accordingly, to the extent that the law permits,
you release The 7th Malvern Scout Group and www.7thmalvernscouts.org.uk
's paid contractors, volunteers and employees from all liability arising out of
or in connection with www.7thmalvernscouts.org.uk and the material included.
9. Ownership of Intellectual
Property
The User acknowledges that all
copyright, trademarks, and other intellectual property rights in and relating
to www.7thmalvernscouts.org.uk (including the material, which is contributed by
members) are owned by The 7th Malvern Scout Group. There is
no permission granted or implied to distribute or copy any information or
derivative works herein contained without the express permission of www.7thmalvernscouts.org.uk.
There is an implied consent that all material
submitted to www.7thmalvernscouts.org.uk will be treated as the sole property
of www.7thmalvernscouts.org.uk and will not be subject to royalties, licence or any form of control.
10. Indirect or
Consequential Loss and Indemnity
www.7thmalvernscouts.org.uk or The 7th
Malvern Scout Group will not be liable to the User or any third party for any
indirect or consequential loss or damage, or for any loss of data, profit,
revenue or business, howsoever caused (whether arising out of any negligence or
breach of this Agreement or otherwise). www.7thmalvernscouts.org.uk
or The 7th Malvern Scout Group will also not be liable for any
failure to perform of its obligations under this Agreement caused by matters
beyond its reasonable control.
The User will hold harmless any claims that
arise against www.7thmalvernscouts.org.uk or The 7th Malvern Scout
Group from a breach of this agreement by themselves or
any third party he or she authorises to use the
service.
11. Limitation on Liability
The total liability of www.7thmalvernscouts.org.uk and The 7th Malvern
Scout Group is limited to the total subscription by the User over a twelve
month period.
12. Statutory Rights of the
Consumer
Nothing in this Agreement limits www.7thmalvernscouts.org.ukÕs liability
for death or personal injury resulting from our negligence, or any other
liability, which may not by law be excluded. Any statutory rights you may have
as a consumer remain unaffected.
13. Assignment
We reserve the right to assign this Agreement,
and to assign or subcontract any or all of our rights and obligations under
this Agreement. You may not without the written consent of www.7thmalvernscouts.org.uk
assign or dispose of this Agreement.
14. Changes to this Agreement
www.7thmalvernscouts.org.uk reserves the right to
change this Agreement from time to time, and post the new version on www.7thmalvernscouts.org.uk
website. When we do so, we will notify you that that there are changed terms
and conditions by placing a note on the site (www.7thmalvernscouts.org.uk). The
new version of these terms and conditions will then take effect, and will
govern all www.7thmalvernscouts.org.uk services and your relationship with www.7thmalvernscouts.org.uk:
eight weeks after the date of posting on the site or
on a date that www.7thmalvernscouts.org.uk indicates in the relevant posting if
any of the changes is to an operative provision of this Agreement which is
capable of adversely affecting you. If you do not wish to be governed by the
new version of the Agreement, you may notify us on or before the date when the
new version of the Agreement is to take effect, and from that date you must
cease to use www.7thmalvernscouts.org.uk; or immediately upon the date of
posting (or such later date as www.7thmalvernscouts.org.uk indicates in the
relevant posting), if the changes are not capable of adversely affecting you -
examples of which would include, without limitation, changes to one or more of www.7thmalvernscouts.org.uk's
addresses or email addresses referred to in this Agreement.
15. Severability
In the event that any term of this Agreement is
held to be invalid or unenforceable by judicial decree or decision, the
remainder of this Agreement shall remain valid and enforceable.
16. Legal Jurisdiction
This Agreement shall be governed by and
construed in accordance with the laws of England and Wales.
17. Entire Agreement
This Agreement includes the www.7thmalvernscouts.org.uk
Privacy Policy. Together they contain the whole of the Agreement between us and members concerning www.7thmalvernscouts.org.uk
and they replace all earlier agreements and understandings with members, except
for any fraud or fraudulent representation by either of us. A person who is not
a party to this Agreement has no right under the Contracts (Rights of Third
Parties) Act 1999 to rely upon or enforce any term of this Agreement.
You
can contact us by email at admin@7thmalvernscouts.org.uk