KEMP Hospice Website Terms and Conditions

These terms and conditions are the contract between you and KEMP Hospice (“us”, “we”, etc). By visiting or using Our Website (www.kemphospice.org.uk), you agree to be bound by them.

We are KEMP Hospice, a part of KEMP House Trust Ltd which is a private company limited by guarantee in England & Wales (Company No. 07846810) and a registered charity in England and Wales (Registered Charity No. 1146310). KEMP Hospice’s registered office is at 41 Mason Road, Kidderminster, Worcestershire, DY11 6AG. KEMP Hospice’s VAT number is 640964233.

You are: Anyone who uses Our Website.

Please read this agreement carefully. If you do not agree with it, you should cease using Our Website immediately.

These are the agreed terms.

 

Ownership of Website and application of Terms and Conditions

  • KEMP Hospice is the owner of the Website. We reserve the right to amend these Terms and Conditions at any time and if we do so we will post notice of the change on the Website by updating the text of this page and you will be deemed to have accepted such changes. Certain parts of the Material and Services made available through or via the Website may have additional terms and conditions applicable to them (for instance the rules of any Website forums or any password protected parts of the Website).
  • KEMP Hospice reserves the right to:
    1. change or remove (temporarily or permanently) the Website or any part of it without notice and you confirm that KEMP Hospice shall not be liable to you for any such change or removal.
    2. change these Terms and Conditions at any time, and your continued use of the Website following any changes shall be deemed to be your acceptance of such change.

 


Definitions

In these Terms and Conditions, the following definitions apply:

‘Our Website’  means any website or service designed for electronic access by mobile or fixed devices which is owned or operated by us.

‘Website’  means any website under the ownership or control of KEMP Hospice from which a link has been created to these Terms and Conditions.

‘Content’ means the textual, visual or aural content that is encountered as part of your experience on Our Website. It may include, among other things: text, images, sounds, videos and animations.

‘Intellectual Property’ means intellectual property owned by us, of every sort, whether or not registered or registrable in any country, including intellectual property of all kinds coming into existence after today; and including, among others, patents, trademarks, unregistered marks, designs, copyrights, software, domain names, discoveries, creations and inventions, together with all rights which are derived from those rights.

‘Material/s’ means all of the information, data, text, graphics, links or computer code published on, contained in or available on the Website.

‘Services’  means any information and/or services accessible through or via the Website irrespective of the Originator or provider.

‘User’ means an individual, firm, company, organisation or any other entity which obtains access to this Website for any purpose (including but not limited to uploading content, viewing content, placing an order for goods or services; making postings to any forums).

‘Originator’  means an individual, firm, company, organisation or any other entity (other than KEMP Hospice) responsible for providing Uploaded Content (and an Originator is also a User).

Any headings used throughout these Terms and Conditions are for ease of reference only and shall not affect their interpretation.


Intellectual Property

  • You agree that at all times you will:
    1. not do anything which does or might reduce the value of our Intellectual Property or challenge our ownership of it.
    2. notify us of any suspected infringement of the Intellectual Property;
    3. so far as concerns our work provided or made accessible by us to you, you will not:
      1. copy, or make any change to any part of its code;
      2. use it in any way not anticipated by this agreement;
      3. give access to it to any other person than you, the licensee in this agreement;
      4. in any way provide any information about it to any other person or generally.
    4. not use the Intellectual Property except directly as intended by this agreement or in the interest of KEMP Hospice.

Copyright

  • Copyright in the Material on the Website (that of information, data, text, graphics, links or computer codes which are published on, contained in or available in the Website) is either owned by KEMP Hospice or as disclosed by the Originator of Uploaded Content. Use of the Material must comply with these terms and conditions unless KEMP Hospice or (where applicable) the copyright owner(s) agree(s) otherwise.  Note that all Material which takes the form, or is in the nature, of a database attracts database rights which are protected in the same way as copyright.
  • The name and any logo of KEMP Hospice on the Website are trade names, service marks or trademarks of KEMP Hospice and may not be used without the prior written consent of KEMP Hospice.

Uploaded content

  • Not all Uploaded Content is owned by KEMP Hospice and as such its ownership (in particular any 'Copyright') remains with the Originator (or the person or entity giving permission for uploading).
  • If the Originator is not the copyright owner, it is the responsibility of the Originator to obtain copyright and any other necessary clearance for use of any Uploaded Content.
  • Users must not infringe any rights of the owner of Uploaded Content. If a User has any queries with regard to Uploaded Content the Originator should be contacted.
  • When providing Uploaded Content the Originator must give his/her/its identity.  It is a strong recommendation that both the identity of the copyright owner and the date of creation of the Uploaded Content is also given.
  • KEMP Hospice will review all Uploaded Content before it is published to the Website and reserves the right to change the name and/or description of any Material and will generally do so if this helps make it easier to search and identify.
  • All Uploaded Content is published in good faith. In addition to the 'Disclaimer' and 'Limitation of liability', set out below, KEMP Hospice makes no representation, express or implied, as to the accuracy or currency of Uploaded Content nor does it accept any responsibility for it. The views in Uploaded Content may not be those of KEMP Hospice. Nothing in Uploaded Content carries any recommendation or endorsement by KEMP Hospice. It is the User’s responsibility to note the date of any Uploaded Content and if this is not apparent to check directly with the Originator. Practice changes and evolves over time and it is the User’s sole responsibility to check that any Uploaded Content on which the User wishes to rely in any way is up to date.
  • KEMP Hospice may refuse to publish or may delete any Uploaded Content which fails to comply with these terms and conditions and/or which KEMP Hospice considers to be offensive or inappropriate. Persistent uploading of content by any Originator which has to be rejected or deleted by KEMP Hospice under this provision will result in KEMP Hospice, at its sole discretion, barring that Originator from providing any Uploaded Content irrespective of its nature.

Disclaimers and limitation of liability

The law differs from one country to another. This paragraph applies so far as the applicable law allows.

  • All implied conditions, warranties and terms are excluded from this agreement. If in any jurisdiction an implied condition, warrant or term cannot be excluded, then this sub paragraph shall be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term.
  • You are advised that Content may include technical inaccuracies or typographical errors. This is inevitable in any website management. We would be grateful if you bring to our immediate attention, any that you find.
  • Our Website contains links to other internet websites. We have neither power nor control over any such website. You acknowledge and agree that we shall not be liable in any way for the Content of any such linked website, nor for any loss or damage arising from your use of any such website or from your buying services or goods via such a website.
  • The KEMP Hospice Website and KEMP Hospice Services are provided “as is”. We make no representation or warranty that Our Website will be:
    1. useful to you;
    2. of satisfactory quality;
    3. fit for a particular purpose;
    4. available or accessible, without interruption, or without error.
    5. We claim no expert knowledge in any subject. We disclaim any obligation or liability to you arising directly or indirectly from information you take from Our Website.
  • We accept no responsibility for third party advertisements which are posted on Our Website or through the Services.
  • We shall not be liable to you for any loss or expense which is:
    1. indirect or consequential loss; or
    2. economic loss or other loss of turnover, profits, business or goodwill even if such loss was reasonably foreseeable or we knew you might incur it.

This paragraph (and any other paragraph which excludes or restricts our liability) applies to our directors, officers, employees, subcontractors, agents and affiliated companies (who may enforce this clause under the Contracts (Rights of Third Parties) Act 1999 / Contracts (Rights of Third Parties) (Scotland) Act 2017 as well as to ourselves.


Children on Our Website

  • Whatever the age of consent in your country, we are anxious that they should be protected from unsuitable Content. To protect your children, you should know our policy, which is as follows:
  • In any children categories, our staff have checked both the entries, and, where relevant, the links.
  • We do not knowingly collect personal information from any person under the age of 18 years.
  • Any person of any age may freely access any page of Our Website. We do not check identities nor moderate Content.
  • It is you, not we, who provide access to Our Website for the children in your care. It is for you to check that the Content your children might see is suitable for them.
  • Where links are concerned, you may like to check the privacy policies of those sites where your children might visit frequently to see how they collect and use information.
  • Filter software may also be useful to you.
  • You acknowledge that we are not responsible for Content that anyone outside of KEMP Hospice has placed on Our Website or the content or site accessible by a link from Our Website
  • You now agree to waive any claim you may otherwise have against us on account of age-related suitability of Content and to indemnify us against any claim made by any person on behalf of a child in your care.

Miscellaneous matters

  • If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
  • No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
  • Any communication to be served on either party by the other in relation to any term or provision of this agreement jurisdiction found to be void, invalid or unenforceable shall be delivered by hand or sent by first class post. It shall be deemed to have been delivered:
  1. if delivered by hand: on the day of delivery;
  2. if sent by post to the correct address: within 72 hours of posting
  • The validity, construction and performance of this agreement shall be governed by the laws of England and Wales and you agree that any dispute arising from it shall be litigated only in that country.

KEMP Hospice Website Privacy Policy

  • KEMP Hospice’s privacy policy is available to view by clicking here to be directed to our Privacy & Policy page and is deemed to be included in these terms and conditions.

 

Copyright 2018 ©KEMP Hospice. All rights reserved.