Terms & Conditions

Definitions

In these terms and conditions, the following words shall have the following meanings:
“The Tom Bowdidge Youth Cancer Foundation” means The Tom Bowdidge Youth Cancer Foundation, a charity registered under number 1156553, having its registered office at 9 Firmins Court, west Bergholt, Colchester, Essex, CO6 3BQ;
“the Website” means any website under the ownership or control of The Tom Bowdidge Youth Cancer Foundation from which a link has been created to these terms and conditions;
“the Material” means all of the information, data, text, graphics, links or computer code published on, contained or available on the Website; and
“User” means you, the individual, firm, company or organisation accessing this Website.

Applicable terms and conditions

The Website is owned by The Tom Bowdidge Youth Cancer Foundation and any use made of this site (including registrations and donations made via the Website), are subject to these terms and conditions. The Tom Bowdidge Youth Cancer Foundation may, at its sole discretion, modify or revise these terms and conditions at any time by updating the text of this page.

3. Use of the Website

Anyone is entitled to view any non-password protected parts of the Website and to use for their own purposes the information contained therein, provided:

3.1 it is used for information purposes only, for reproduction for personal use only and not for reproduction on any other website or for commercial gain.
3.2 any links created to the Website are notified to and approved by The Tom Bowdidge Youth Cancer Foundation before they are created.
3.3 no part of the Website is copied, stored in a retrieval system, or transmitted in any form or by any means to any third party without the written permission of The Tom Bowdidge Youth Cancer Foundation.
4. Copyright and trade marks
4.1 Copyright in the Material is owned by The Tom Bowdidge Youth Cancer Foundation or its content suppliers. Unauthorised use of the Material including reproduction, storage, modification, distribution or republication without the prior written consent of The Tom Bowdidge Youth Cancer Foundation or, where applicable, the respective copyright owner(s) is prohibited.
4.2 The names and logos of The Tom Bowdidge Youth Cancer Foundation and all related product and service names, designs marks and slogans are the trade names, service marks or trade marks of The Tom Bowdidge Youth Cancer Foundation and may not be used without the prior consent of The Tom Bowdidge Youth Cancer Foundation.
4.3 All works in the nature of databases are protected by database rights.

5. Disclaimer
The Website is intended to provide general information only and, as such, should not be considered as a substitute for advice covering any specific situation. Users should seek appropriate advice before taking or refraining from taking any action in reliance on any information contained in this Website. So far as permissible by law, The Tom Bowdidge Youth Cancer Foundation does not accept any liability to any person relating to the use of any such information.
Whilst The Tom Bowdidge Youth Cancer Foundation has taken every precaution in compiling this site neither it nor any contributors to the site can be held responsible for any action (or the lack thereof) taken by any person or organisation wherever they shall be based, as a result, direct or otherwise, on information contained in or accessed through this internet site.

6. Target audience
The Website is intended for use by UK residents and only in relation to their activities within the UK. It may be inappropriate to apply any of the information on the Website to activities outside the UK.
The Tom Bowdidge Youth Cancer Foundation does not represent or warrant that the information accessible via the Website is accurate, complete or correct. The Tom Bowdidge Youth Cancer Foundation has no liability whatsoever in respect of any use which you make of such information except in the case of personal injury or death caused by the negligence of The Tom Bowdidge Youth Cancer Foundation.
The information provided on this Website has not been written to meet individual requirements and it is your sole responsibility to satisfy yourself prior to using the information in any way for your purposes. Before making any decisions based on the information contained on the Website, you are strongly advised to refer to alternative, independent sources of information to substantiate the basis for your decision.

7. Warranty and indemnity
The User warrants to The Tom Bowdidge Youth Cancer Foundation that it will not use the Website, the Material or any part thereof for any purpose that is in contravention of any applicable law or regulation or in a manner that will infringe the copyright, trade marks, service marks or other intellectual property rights of third parties or violate the privacy, publicity or other personal rights of others or in any defamatory, obscene, threatening, abusive or hateful manner. The User shall indemnify The Tom Bowdidge Youth Cancer Foundation, its employees and agents, harmless against all claims, liability, losses, damages and expenses including, without limitation, legal fees and costs arising out of or incurred as a result of any claims made, or litigation brought, against The Tom Bowdidge Youth Cancer Foundation, its employees and agents, as a result of the use by the User of the Website, the Material or any part thereof for whatever purpose, to the fullest extent permitted by law.

8. Limitation of liability
The Tom Bowdidge Youth Cancer Foundation hereby disclaims all warranties and conditions with regard to the Material and any goods or services supplied in relation to the Website, whether express or implied or statutory (including all implied warranties and conditions of merchantability and fitness for a particular purpose). In no event shall The Tom Bowdidge Youth Cancer Foundation be liable for any indirect, punitive, special, incidental, or consequential damages whatsoever even if The Tom Bowdidge Youth Cancer Foundation has been advised of the possibility of damages including, without limitation, damages for loss of use, data or profits arising out of or in any way connected with the use or performance of the Website, interruptions or delays to the Website, the provision of or failure to provide services, or for any information, Material, goods and services obtained through the Website or otherwise arising out of the use of the Website, whether based on contract, tort or otherwise to the fullest extent permitted by law.

9. Third party websites
The Website contains links to websites operated by parties other than The Tom Bowdidge Youth Cancer Foundation. Such links are provided for the User’s convenience only. The Tom Bowdidge Youth Cancer Foundation does not control such websites, and is not responsible for their content. The Tom Bowdidge Youth Cancer Foundation’s inclusion of links to such websites does not imply any endorsement of the material on such websites or any association with their operators. The User is solely responsible for evaluating the accuracy and completeness of any information contained on the third party websites, and also the value and integrity of any goods and services offered by such websites.

10. Registration
On certain parts of this Website we may require you to register and provide information about yourself and where you do this you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the relevant registration form (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data (by sending an appropriately worded email to [email protected]) to keep it true, accurate, current and complete.

Our use of Registration Data and certain other information about you is subject to our Privacy Statement.
Where the registration processes involves you being allocated with a unique username and/or password that gives you access to your Website account, you are responsible for maintaining the confidentiality of your username and password, and are fully responsible for all activities that occur through your website account. You agree to (a) immediately notify us if you become aware of any unauthorised use of your password or website account or any other breach of security by sending an appropriately worded email to nikkibowdidge@tom,bowdidgefoundation.org and (b) ensure that you exit from your website account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with these requirements.

11. User Content Pages – Rules of Acceptable Use
Any discussion forums or pages of the Website, where you are capable of posting material, are provided for your private and non-commercial use and for the exchange of lawful, relevant, fair and appropriate information, opinions and comment. Use of the Website that is inconsistent with those stated purposes is strictly prohibited. Your use of these forums and the Website generally is subject to the following terms which, by your use of the forums and the Website, you are deemed to accept (and which amount to a non-exhaustive list of prohibited acts):

• You may not use obscene or offensive language.• You may not place on the Website any material which is defamatory, abusive, discriminatory or hateful or which applauds, encourages or entices abuse, discrimination or hate. You may not post any material on the Website which has been disclosed to you in confidence or which, by its nature, is confidential.
• You may not post any material on the Website which compromises the privacy or security of anyone other than yourself.
• You may not place on the Website any material which may encourage criminal conduct or which may give rise to civil liability, or which is otherwise unlawful.
• You may not place on the site any material belonging to any person (or any material where the rights belong to any person) other than yourself without the prior written consent of the owner of it.
• You may not place on the site any material where the use by The Tom BowdidgeYouth Cancer Foundation, or any third party licensed or permitted by The Tom Bowdidge Youth Cancer Foundation, will give rise to any third party claims.
• You may not place any links on the Website where those links take users to unlawful material or material that contravenes these Rules of Acceptable Use.
• You may not place on the Website advertisements nor make commercial solicitations nor use the Website for any commercial purposes (which would include using the Website to promote or encourage the sale of your goods/services).
• You may not place on the Website any material that authorises, enables or encourages the dissemination of junk mail or chain letters.
• You grant The Tom Bowdidge Youth Cancer Foundation the unrestricted right to use, reproduce, translate and distribute any material you place on the site.
• Whilst we do not pre-screen submissions placed on our online forums, we do have the right (but not the obligation) at our sole discretion to review, edit, move or delete any material submitted to our online forums.
• The Tom Bowdidge Youth Cancer Foundation accepts no responsibility for any statements, material or other submissions placed on our online forums by you or any third party, or for any loss or damage resulting from your breach of these Rules of Acceptable Use.
• You agree to indemnify The Tom Bowdidge Youth Cancer Foundation, its associated companies and its representatives and employees from any and all claims and liabilities (including legal fees) which arise from your statements, contributions or other submissions to our online forums, from any unauthorised use of material obtained from our online forums or otherwise from your breach of our Rules of Acceptable Use.

Removal of content. We will not view or edit or pre-screen any contribution that you or anyone else make to the forums or to the Website generally and, therefore, unless we are specifically notified of the nature of any item of content, you cannot assume that we are responsible for having made it available on the Website. We, and others that we designate, shall have the right (but not the obligation) at our sole discretion to refuse or remove any content that is posted to, or available on, the forums or the Website without the need to give any reasons for doing so.

Content objections. If you object to the publication of any material placed on our online forums (or anywhere else on this Website) please let us know by calling 01206 242287 or by sending an appropriately worded email to [email protected] and we will take whatever action we deem appropriate.

12. Privacy and Data Protection
Our Privacy Statement can be read on the front page of our website www.tombowdidgefoundation.org

13. Viruses
Whilst The Tom Bowdidge Youth Cancer Foundation makes all reasonable attempts to exclude viruses from the Website it cannot ensure such exclusion and no liability is accepted for damage caused through the downloading of viruses. Therefore, you are recommended to take all appropriate safeguards before downloading information from the Website.

14. Events, Competitions and Prizes
The Tom Bowdidge Youth Cancer Foundation reserves the right to vary event registration fees and the prices of any goods or services listed without notice. All event registrations and orders for goods or services are subject to availability and The Tom Bowdidge Youth Cancer Foundation reserves the right to refuse to accept any registration and to refuse to supply any goods or services to any individual. From time to time we may run competitions, free prize draws and promotions on the Website. In each case these will be subject to additional competition terms which will be made available on the site.

15. Encryption
Although the Website uses encryption security software in areas where on line payment details are accepted, the security of information and payments transmitted via the Internet cannot be guaranteed. Any loss incurred or sustained by any User who transmits information by means of e-mail or other Internet links shall be borne solely and exclusively by such User and in no event shall any such loss in whole or part be borne by The Tom Bowdidge Youth Cancer Foundation or it’s agents.

16. Force majeure
The Tom Bowdidge Youth Cancer Foundation shall not be held to be in breach of its obligations hereunder nor liable to the User for any loss or damage which may be suffered by another party due to any cause beyond its reasonable control including without limitation any act of God, fire, storm, flood, lightening, disease, strike, trade dispute, act of terrorism, any act or omission of government or regulatory bodies or communications operators.

17. General
17.1 If any provisions of these terms and conditions are held to be invalid or unenforceable, the validity or enforceability of the remaining provisions shall not be affected.
17.2 These terms and conditions constitute the entire agreement between The Tom Bowdidge Youth Cancer Foundation and the User and supercede all other (prior or contemporaneous) communications and proposals, whether electronic or written, between the User and The Tom Bowdidge Youth Cancer Foundation.
17.3 Any failure of The Tom Bowdidge Youth Cancer Foundation to exercise or enforce any of its rights under these terms and conditions shall not be deemed to be a waiver of any such rights or operate so as to bar the subsequent exercise or enforcement or any such rights.

18. Jurisdiction
The terms and conditions and the use by the User of the Website shall be governed by the laws of England and Wales and the parties hereto submit to the exclusive jurisdiction of the English courts in all disputes arising out of or relating to the Website and/or any transactions made on the Website, or these terms and conditions.

Date last updated:
15th April 2018