Terms and Conditions Terms of Website Use These Terms and Conditions (“Terms”) govern your use of this site Care & Repair England (careandrepair-england.org.uk), (the “Site”) and your relationship with Care & Repair England (“we”, “us” or “Care & Repair England”) through this Site, whether as a guest or a registered user. Use of our Site includes accessing, browsing, or registering to use our Site as well using or downloading any publications or materials which you obtain from our Site. Please read these Terms carefully as these will apply to your use of our Site and will affect your rights and liabilities under the law. By using the Site, you confirm that you accept these Terms and that you agree to comply with them. If you do not agree to these Terms and Conditions, please do not use this Site. These Terms refer to the following additional terms, which also apply to your use of our Site: Cookies which sets out information about the cookies on our Site; Privacy Policy which sets out the terms on which we process any personal data we collect from you, or that you provide to us Information about us and the site Care & Repair England is a Registered Society with Charitable Status (Reg. No. 25121R). Our Registered Office is at: Care & Repair England, Unit 9, The Renewal Trust Business Centre, 3 Hawksworth Street, Nottingham, NG3 2EG This Site provides information, materials and tools relating to ageing, housing, health and care connections. Written, video and audio resources may be available. Any materials, publications or information made available by Care & Repair England through the Site are referred to as “Materials” in these Terms. Changes to these terms Please note that these Terms may be amended from time to time and we may make changes to the content and format of the Site, and any services provided, at any time. Notification of any changes will be made by us posting new terms onto the Site. In continuing to use the Site you confirm that you accept the terms and conditions which are in force at the time you use the Site. Please check this page from time to time to take notice of any changes we made, as they are binding on you. Accessing our site Our Site is available free of charge. We do not guarantee that our Site, or any content on it, will always be available or be uninterrupted. Access to our Site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Site without notice. Additionally, your access to this Site may be occasionally restricted or interrupted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore the service as soon as we reasonably can. Access to the Site may be restricted whether or not you have registered with us. We will not be liable to you if for any reason our Site is unavailable at any time or for any period due to any such restrictions or interruptions or any reason whatsoever. Although we aim to offer you the best service possible, we cannot guarantee that the services will be fault-free. If a fault occurs with this Site you should report it to [email protected] and we will attempt to correct the fault as soon as we reasonably can. You are responsible for ensuring that all persons who access or use our Site or Materials via your internet connection or as part of their employment or engagement with you are aware of these Terms, and that they comply with them. You are responsible for making all arrangements necessary for you to have access to our Site. We make no promise that materials on this Site are appropriate or available for use in locations outside the United Kingdom, and accessing this Site from territories where its contents are illegal or unlawful is prohibited. If you choose to access this Site from locations outside the United Kingdom, you do so at your own risk. You shall comply with all foreign and local laws and regulations which apply to your use of our Site or our simple randomisation service in whatever country you are physically located. Registering with us You can browse the Site without registering or subscribing but if you wish to provide comment or sign up to our e-Alerts you will be required to register. By registering with us, you confirm that all personal information that you supply to us will be accurate, complete and kept up to date at all times. You authorise us to use this information to contact you. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at [email protected] No reliance on information All Materials published, either as pages on the Site or as downloadable documents, are made available for the purposes of general information only. The Materials should never be regarded as or relied upon as being a comprehensive opinion concerning the matters discussed in such Materials. The Materials are prepared on the basis of information, data and materials which were available at the time of writing and may be superseded following publication. Accordingly any conclusions, opinions or judgements made in our Materials should not be regarded as definitive or relied upon to the exclusion of other information, opinions and judgements. The information, data, conclusions, opinions and judgements set out in the Materials may relate to certain contexts and may not be suitable in other contexts. It is your responsibility to ensure that you do not use the information we provide in the wrong context. Any decisions made by you, or by any organisation, agency or person who has read, received or been provided with information contained in the Materials (“you” or “the Recipient”) are decisions of such Recipient. We will not be liable for the consequences of any such decisions. The content of our Site 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. Reasonable efforts will be made to ensure that the information and data contained on our Site is accurate and up-to-date at the time of publication, but we cannot guarantee that the Site will be error-free. We make no representations, warranties or guarantees, whether express or implied, that the content on our Site is accurate, complete or up-to-date. Viruses and misuse of the site We grant you a limited licence to access and make personal use of the Site, but not to download (other than page caching) or modify it, or any portion of it, except with our express written consent. You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your registration and right to use our Site will cease immediately. Uploading content to our site Whenever you make use of a feature that allows you to upload content to our Site, or to make contact with other users of our Site, you must comply with any standards and conditions regarding acceptable use of such features posted on the Site from time to time (“Acceptable Use Policy”). You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. If you are a consumer user, this means you will be responsible for any loss or damage we suffer as a result of your breach of warranty. Any content you upload to our Site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of the Site a limited licence to use, store and copy that content and to distribute and make it available to third parties. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Site constitutes a violation of their intellectual property rights, or of their right to privacy. We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our Site. We have the right to remove any posting you make on our Site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy. The views expressed by other users on our Site do not represent our views or values. You are solely responsible for securing and backing up your content. Our Liability We will operate the Site with the reasonable skill and care of an online service provider. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Site or any content on it, whether express or implied. Our Materials are provided for general information only and we are not providing specific advice to any organisation, agency or person. We shall not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable (and whether caused by our negligence, our employees or agents or otherwise), arising under or in connection with: use of or reliance, whether in full or partial, on any content displayed on our Site; any information, data, opinion or judgement contained in the Materials (save in the event of gross negligence; any errors or omissions contained in the Materials), except as expressly provided in these conditions. You agree not to use our Site for any commercial or business purposes. If you are a business user, please note that in particular, we will not be liable for loss of profits, sales, business, or revenue; business interruption; loss of anticipated savings; loss of business opportunity, goodwill or reputation; or any indirect or consequential loss or damage. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any content on it, or on any website linked to it. We assume no responsibility for the content of websites linked on our Site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them. Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law. Data Protection Policy We request that all personal information that you provide is accurate, current and complete. Any content published by you on the Site including personal and sensitive information will be publicly available and by posting any such content you are expressly consenting to its public display. All notices sent to you will be sent to the email address provided with your registration for e-Alerts. By accepting these Terms you give your consent to receive communications from us by email and you agree that all agreements, notices, disclosures and other communications that we provide to you by email satisfy any legal requirement that such communications be in writing. Any personal information that you provide to us in using the Site will be handled in accordance with our Privacy Policy. Intellectual Property We are the owner or the licensee of all intellectual property rights including copyright which are capable of existing in the Materials and any other documents, software or other materials created or supplied by us. The format and content of this Site is protected by United Kingdom and international copyright and we reserve all rights in relation to our copyright whether owned or licensed to us and all rights are reserved to any of our registered and unregistered trademarks (whether owned or licensed to us) which appear on this Site. The Materials produced or supplied by us shall be licensed to you for personal or internal organisational use only. You are not permitted to publish our Materials or make any commercial use of our Materials without our express written consent. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not systematically extract and/or re-utilise parts of the contents of the Site without our express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of this Site without our express written consent. Our status (and that of any identified contributors) as the authors of content on our Site must always be acknowledged. Our Materials and the Site may refer to and incorporate third party material. Where we use such material we will use our reasonable endeavours to ensure that we have a right to use such material. Our right to use such material may arise as a result of specific permissions, fair dealing or fair use exemptions or operation of law or the use may fall outside of the scope of copyright, trademark or other protection. Linking to our site You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our Site in any website that is not owned by you. We reserve the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy, where relevant. If you wish to make any use of content on our Site other than that set out above, please contact [email protected]. General If you breach these Terms and we decide to take no action or neglect to do so, then we will still be entitled to take action and enforce our rights and remedies for any other breach. We will not be responsible for any breach of these Terms caused by circumstances beyond our reasonable control. Applicable law These Terms, their subject matter and their formation are governed by and construed in accordance with the laws of England and Wales. We both agree to that the courts of England and Wales will have exclusive jurisdiction.