Terms of Use - PANDAS Foundation UK

Welcome to our Website. Please read the below carefully as it is legally binding on you. Your use of this Website means you accept these Terms and Conditions as at the date of your first use of this Website.

Definitions 

Pandas Foundation a company limited by guarantee registered under number 2400969 in England and Wales  with its registered offices at 9 Grosvenor Green, Shrewsbury, Shropshire, SY1 3RF.

“You”, “your” and “yours” means the person(s) accessing the Website.

“We”, “us” and “our” means Pandas Foundation.

“Material” means any information, data, text, graphics, links, programming code or other material published, contained or available on the Website.

“Terms and Conditions” means the terms and conditions set out below, including where applicable, the Registration Terms and Conditions (defined below).

Changes to the Terms and Conditions 

We reserve the right to change these Terms and Conditions at any time. Please check back regularly because the amended Terms and Conditions will apply to your continued use of the Website.  Certain provisions may be extended or superseded by expressly designated legal notices or terms located on particular pages of the Website.  

Contacting us about our Terms and Conditions 

If you are uncertain about anything in these Terms and Conditions please send an email to onlineteam@pandasfoundation.org.uk, or write to us at the above address.

Users 

The Website is intended for people accessing it from within the United Kingdom. We cannot guarantee the site or the information it contains complies with or is appropriate for use in other countries.

Registration 

Certain areas of the Website (such as those where you can upload, post or share information), are only available to you if you register with us. 

Material on the Website 

Material on the Website is provided “as is” and for information purposes only.  Whilst every care is taken in compiling the information on the Website we do not make any warranties or representations as to its accuracy or reliability. We may make changes to the Material on the Website at any time without notice. Certain information on the Website may contain typographical or other errors or be out of date, and we make no commitment to update such information.  We and any third parties referred to on the Website assume no responsibility for how you use the information provided through the Website.

Medical information 

Any medical information referred to in or through this Website is given for information purposes only and it is not intended to constitute professional advice for medical diagnosis or treatment, to replace consultation with a qualified medical practitioner, or to advocate or recommend the purchase of any product or to endorse or guarantee the credentials or appropriateness of any health care provider. You are strongly advised to consult with an appropriate professional for specific advice tailored to your situation.

Links 

Where we provide hypertext links to other websites, we do so for information purposes only. We are not responsible for the content of any other websites or pages linking to or from our Website. We have not verified the content of any such websites and links to other websites do not imply any endorsement of the material on those Websites. If you choose to follow links to other websites you do so at your own risk.  It is your responsibility to take all protective measures to guard against viruses or other destructive elements.

If you would like to establish a link to our website, please ask our permission before you do so.  You can request permission from us by sending an email to onlineteam@pandasfoundation.org.uk.

Use of the Website and Copyright 

You may access, view and print copies of Material contained in the non-password protected parts of the Website as long as you comply with these Terms and Conditions and:

  • you use the Material for information purposes and for your non-commercial, personal use only;
  • all copyright, trade mark and other proprietary notices are kept on the Material; and
  •  you do not modify, reproduce, display or distribute the Material without prior written consent from Macmillan Cancer Support.

Service Access 

Whilst we try to ensure that the Website is normally available 24 hours a day, we shall not be liable if for any reason the Website is unavailable at any time or for any period. Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.

Liability 

Neither we, nor any other party involved in creating, producing, maintaining or delivering the Website, will be liable for any amount or kind of loss or damage that may result to you or a third party including without limitation any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, whether in tort, contract or otherwise (including without limitation negligence) in connection with: your use, inability to use or the results of use of the Website, any websites linked to the Website or the material on such websites; or any amount or kind of loss or damage including without limitation any loss or damage due to viruses that may infect your computer equipment, software, data, or other property on account of your access to, use of, or browsing the Website or your downloading of any Material from the Website or any websites linked to the Website.

In so far as we are able we exclude all liability for all direct, indirect, punitive or consequential loss or damage which arises out of or in connection with the use of the Website.

Nothing in these Terms and Conditions shall exclude or limit our liability for death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977, fraud, or misrepresentation as to a fundamental matter.

If your use of the Website results in the need for servicing, repair or correction of your equipment, software or data, you assume all costs of this.

Privacy and Data Protection 

Your privacy online is important to us and we want you to understand what, if any, information we collect and how it is used.  For more information please see our Privacy policy and How we use cookies page.  

Governing Law 

These Terms and Conditions shall be governed by the laws of England and any dispute arising from these Terms and Conditions or your use of the Website shall be subject to the exclusive jurisdiction of the English courts.

Registration Terms and Conditions 

These Registration Terms and Conditions are to be read in conjunction with our general Terms and Conditions (see above) and our Privacy policy and How we use cookies page. These Registration Terms and Conditions apply to our discussion forums, and will apply to you if you register with us.

Definitions 

A “Registered User” is a person who, subject to the Terms and Conditions, has registered to use a service on our Website. 

The “Registered Users’ Areas” are areas of the Website that require registration before a person can gain access.

“Your Content” is any and all the content submitted or uploaded by Registered Users, including names, images, photographs, video clips, biographical information, text, logos, marks and any other information and materials.

Registration Process 

Before you are able to access Registered Users’ Areas you must read through these Registration Terms and Conditions.  To register you need to provide a verifiable email address, choose a username, complete the required fields on the registration form and read and accept these Registration Terms and Conditions. Once you have done this we will send you a confirmation email with your registration information.

Eligibility 

Use of our online community and registration to be a Registered User is void where prohibited. Our online community is solely for users aged 16 and over. Any registration by, use or access to the online community by anyone under 16 years of age shall be unauthorised, unlicensed and in violation of these Registration Terms and Conditions. By using the online community you warrant that: all registration information you submit is truthful and accurate; you will maintain the accuracy of this information; your use does not violate any applicable law or regulation; and you are 16 years of age or older.  We reserve the right to terminate your membership without warning if we believe that you are under 16 years of age.

Username and Passwords 

By registering, you promise to keep your password secret and not to disclose or share it with anyone.  If you believe that someone else may have access to or know your password you must contact us immediately to change it.

Submission of Content 

As a Registered User you may post or upload Your Content to the Website as long as you comply with our content standards, community guidelines and these Terms and Conditions. You grant us a perpetual, royalty-free, non exclusive licence to use Your Content on the Website, and subject to your permission for any other uses as we may require in any and all media. This includes, without limitation, the right to sub-license to third parties via any and all media (whether existing now or invented in the future). You grant us all necessary rights, licences, consents and clearances to allow us to use Your Content in accordance with these Registration Terms and Conditions and agree not to assert any moral or similar rights you may have in any Content.

You guarantee that Your Content:

  • does not infringe any copyright, trade marks, rights of privacy/confidentiality, publicity or other intellectual property or other rights of any other person or entity;
  • does not contain any information about any person(s) under the age of 16 unless you are either their parent or legal guardian, or have signed permission from their parent or legal guardian;
  • does not contain malicious code, viruses or other harmful programmes or material;
  • does not violate any applicable law, statute, ordinance, rule or regulation; and
  • meets our Content Standards (see below) and complies with any specific rules that may apply to any particular area of the Registered Users’ Areas.

You agree that before posting or uploading Your Content you are responsible for obtaining all releases, consents and/or licenses necessary for uploading Your Content on our Website and for any subsequent use of that content by us in accordance with these Registration Terms and Conditions.

You promise that you are the person depicted in any images or recordings submitted as part of Your Content and if you upload any images or recordings of any third party, you have obtained the prior written consent of that party to submit such content to our Website.

Content Standards 

You agree whenever you submit Your Content to our Website or contact other Registered Users you must comply with our Content Standards and community guidelines. If you do not comply we reserve the right to suspend or ban you from using the website and the Registered User Areas without notice.

You agree Your Content must be accurate where it states facts and be genuinely held where it states opinions.

You agree Your Content must not:

  • contain any material which constitutes or encourages conduct that could be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law;
  • contain any material which is defamatory;
  • contain any material which is obscene or offensive;
  • infringe any copyright, database rights, trade mark or other intellectual property right or other right of any other person;
  • be likely to deceive any person;
  • be made in breach of any legal duty owed to a third party such as a contractual duty or obligation of confidentiality;
  • be likely to harass, upset, embarrass, alarm or annoy any other person;
  • be likely to disrupt our service in any way;
  • give the impression it emanates from us where this is not the case; or
  • advocate, promote or assist any unlawful act, for example copyright, trade mark infringement, or computer misuse.

Use of Your Content 

You agree to comply with any additional rules that may apply to a particular Registered Users’ Area.

We reserve the right to reject, block, suspend or remove Your Content at any time at our sole discretion. We in no way guarantee that Your Content or any part of it will be displayed on the Website. Any content is published at our discretion.

Your Personal Information 

Posting personal information on our Website means your information is publicly accessible. We strongly recommend that you avoid disclosing personal information that could be used to identify you (such as name, age, address, or name of employer). For more information on how we collect and use personal information please see our Privacy policy and How we use cookies page.

Indemnity 

You agree to indemnify us and any related third parties in full from and against all third party claims, liabilities, losses and expenses (including reasonable legal fees) incurred or suffered by such persons arising out of or related to Your Content and/or any breach by you of any term in these Registration Terms and Conditions.

Written Communications 

Our principle means of communication with you will be mainly electronic.  We will contact you by email or provide you with information by posting notice on the Website.  You agree to electronic communications and acknowledge that all contract, notice and other communication that we provide electronically comply with any requirement that they must be in writing.  This does not affect your statutory rights.

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