EBP South’s terms and conditions of use
1. Introduction
1.1 These terms and conditions shall govern your use of our website.
1.2 By using our website, you accept these terms and conditions in full; accordingly, if
you disagree with these terms and conditions or any part of these terms and
conditions, you must not use our website.
1.3 Our website uses cookies; by using our website or agreeing to these terms and
conditions, you consent to our use of cookies in accordance with the terms of our
privacy policy.
2. Credit
2.1 This document was created using a template from SEQ Legal
(http://www.seqlegal.com).
3. Copyright notice
3.1 Copyright (c) 2017 EBP South.
3.2 Subject to the express provisions of these terms and conditions:
(a) we, together with our licensors, own and control all the copyright and other
intellectual property rights in our website and the material on our website;
and
(b) all the copyright and other intellectual property rights in our website and the
material on our website are reserved.
4. Licence to use website
4.1 You may:
(a) view pages from our website in a web browser;
(b) download pages from our website for caching in a web browser;
(c) print pages from our website;
(d) stream audio and video files from our website; and
subject to the other provisions of these terms and conditions.
4.2 You may only use our website for your own personal and business purposes, and
you must not use our website for any other purposes.
4.3 Except as expressly permitted by these terms and conditions, you must not edit or
otherwise modify any material on our website.
4.4 Unless you own or control the relevant rights in the material, you must not:
(a) republish material from our website (including republication on another
website);
(b) sell, rent or sub-license material from our website;
(c) show any material from our website in public;
(d) exploit material from our website for a commercial purpose; or
(e) redistribute material from our website.
4.5 Notwithstanding Section 4.4, you may redistribute our newsletter in print and
electronic form to any person.
5. Acceptable use
5.1 You must not:
(a) 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 or
accessibility of the website;
(b) 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;
(c) 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;
(d) 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;
(e) access or otherwise interact with our website using any robot, spider or
other automated means[, except for the purpose of [search engine indexing;
(f) violate the directives set out in the robots.txt file for our website; or
(g) use data collected from our website for any direct marketing activity
(including without limitation email marketing, SMS marketing, telemarketing
and direct mailing).
5.2 You must not use data collected from our website to contact individuals,
companies or other persons or entities.
5.3 You must ensure that all the information you supply to us through our website, or
in relation to our website, is true, accurate, current, complete and non-misleading.
6. Your content: licence
6.1 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 or our
website for storage or publication on, processing by, or transmission via, our
website.
6.2 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.
6.3 You grant to us the right to sub-license the rights licensed under Section 9.2.
6.4 You grant to us the right to bring an action for infringement of the rights licensed
under Section 9.2.
6.5 You may edit your content to the extent permitted using the editing functionality
made available on our website.
6.6 Without prejudice to our other rights under these terms and conditions, if you
breach any provision of these terms and conditions in any way, or if we reasonably
suspect that you have breached these terms and conditions in any way, we may
delete, unpublish or edit any or all of your content.
7. Your content: rules
7.1 You warrant and represent that your content will comply with these terms and
conditions.
7.2 Your content must not be illegal or unlawful, must not infringe any person’s legal
rights, and must not be capable of giving rise to legal action against any person (in
each case in any jurisdiction and under any applicable law).
7.3 Your content, and the use of your content by us in accordance with these terms
and conditions, must not:
(a) be libellous or maliciously false;
(b) be obscene or indecent;
(c) infringe any copyright, moral right, database right, trade mark right, design
right, right in passing off, or other intellectual property right;
(d) infringe any right of confidence, right of privacy or right under data
protection legislation;
(e) constitute negligent advice or contain any negligent statement;
(f) constitute an incitement to commit a crime[, instructions for the commission
of a crime or the promotion of criminal activity];
(g) be in contempt of any court, or in breach of any court order;
(h) be in breach of racial or religious hatred or discrimination legislation;
(i) be blasphemous;
(j) be in breach of official secrets legislation;
(k) be in breach of any contractual obligation owed to any person;
(l) [depict violence[ in an explicit, graphic or gratuitous manner]];
(m) [be pornographic[, lewd, suggestive or sexually explicit]];
(n) [be untrue, false, inaccurate or misleading];
(o) [consist of or contain any instructions, advice or other information which
may be acted upon and could, if acted upon, cause illness, injury or death,
or any other loss or damage];
(p) [constitute spam];
(q) [be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-
social, menacing, hateful, discriminatory or inflammatory]; or
(r) [cause annoyance, inconvenience or needless anxiety to any person].
8. Limited warranties
8.1 We do not warrant or represent:
(a) the completeness or accuracy of the information published on our website;
(b) that the material on the website is up to date; or
(c) 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 12.1,
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:
(a) limit or exclude any liability for death or personal injury resulting from
negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
9.2 The limitations and exclusions of liability set out in this Section 12 and elsewhere
in these terms and conditions:
(a) are subject to Section 12.1; and
(b) 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).
10. Breaches of these terms and conditions
10.1 Without prejudice to our other rights under these terms and conditions, if you
breach these terms and conditions in any way, or if we reasonably suspect that
you have breached these terms and conditions in any way, we may:
(a) send you one or more formal warnings;
(b) temporarily suspend your access to our website;
(c) permanently prohibit you from accessing our website;
(d) block computers using your IP address from accessing our website;
(e) commence legal action against you, whether for breach of contract or
otherwise; and/or
10.2 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.
11. Variation
11.1 We may revise these terms and conditions from time to time.
11.2 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.
12. Assignment
12.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal
with our rights and/or obligations under these terms and conditions.
12.2 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.
13. Severability
13.1 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.
13.2 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.
14. Third party rights
14.1 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.
14.2 The exercise of the parties’ rights under a contract under these terms and
conditions is not subject to the consent of any third party.
15. Entire agreement
15.1 Subject to Section 12.1, these terms and conditions, together with our privacy
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. Law and jurisdiction
16.1 These terms and conditions shall be governed by and construed in accordance with
English law.
16.2 Any disputes relating to these terms and conditions shall be subject to the
exclusive jurisdiction of the courts of England.
17. Statutory and regulatory disclosures
20.1 We are registered in England and our registration number is 3352250.
20.2 We are registered as Charity with the Charity Commission in the United Kingdom.
21. Our details
21.1 This website is owned and operated by EBP South.
21.2 We are registered in England and Wales under registration number 3352250 and
our registered office is at [address].
21.3 Our principal place of business is at 1000 Lakeside, North Harbour, Western Road,
Portsmouth, PO6 3EN.
21.4 You can contact us:
(a) by post, using the postal address given above;
(b) using our website contact form;
(c) by telephone;
(d) by email;
