In the context of these terms and conditions, the following words shall have the following meanings:
“PC David Rathband’s Blue lamp Foundation” means PC David Rathband’s Blue Lamp Foundation, a charity registered under number 1138319 and a company limited by guarantee registered under number 7388608, having its registered address at PC David Rathband’s Blue Lamp Foundation, Suite 47, Dudley Court Offices, Manor Walks, Cramlington, NE23 6QW;
“the Website” means any website under the ownership or control of PC David Rathband’s Blue Lamp 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;
“User” means the individual, firm, company or organisation accessing this website or making an Order;
- Applicable terms and conditions
The Website is owned by PC David Rathband’s Blue Lamp Foundation and any use made of this site (including registrations and donations made via the Website), are subject to these terms and conditions. PC David Rathband’s Blue Lamp Foundation may, at its sole discretion, modify or revise these terms and conditions at any time by updating the text of this page.
- 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 PC David Rathband’s Blue Lamp 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 PC David Rathband’s Blue Lamp Foundation.
- Copyright and trade marks
4.1 Copyright in the Material is owned by PC David Rathband’s Blue Lamp Foundation or its content suppliers. Unauthorised use of the Material including reproduction, storage, modification, distribution or republication without the prior written consent of PC David Rathband’s Blue Lamp Foundation or, where applicable, the respective copyright owner(s) is prohibited.
4.2 The names and logos of PC David Rathband’s Blue Lamp Foundation and all related product and service names, designs marks and slogans are the trade names, service marks or trade marks of the Foundation and may not be used without the prior consent of PC David Rathband’s Blue Lamp Foundation.
4.3 All works in the nature of databases attract database rights.
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, PC David Rathband’s Blue Lamp Foundation does not accept any liability to any person relating to the use of any such information.
Whilst PC David Rathband’s Blue Lamp 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.
- Target audience
At this moment in time, the Website is intended for use by UK residents and only in relation to their activities within the UK. It may be dangerous to apply any of the information on the Website to activities outside the UK.
PC David Rathband’s Blue Lamp Foundation does not represent or warrant that the information accessible via the Website is accurate, complete or correct. PC David Rathband’s Blue Lamp 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 PC David Rathband’s Blue Lamp 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.
- Warranty and indemnity
The User warrants to PC David Rathband’s Blue Lamp 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, trademarks, 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 PC David Rathband’s Blue Lamp 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 PC David Rathband’s Blue Lamp 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.
- Limitation of liability
PC David Rathband’s Blue Lamp 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 PC David Rathband’s Blue Lamp Foundation be liable for any indirect, punitive, special, incidental, or consequential damages whatsoever even if PC David Rathband’s Blue Lamp 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.
- Third party websites
The Website contains links to websites operated by parties other than PC David Rathband’s Blue Lamp Foundation. Such links are provided for the User’s convenience only. The PC David Rathband Blue Lamp Foundation does not control such websites, and is not responsible for their content. PC David Rathband’s Blue Lamp 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.
- Privacy and Data Protection
- Google Analytics
This website may use Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses “cookies”, which are text files placed on your computer, to help the website analyse how users use the site.
The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. Google will not associate your IP address with any other data held by Google.
Whilst PC David Rathband’s Blue Lamp 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.
- On-line Transactions
PC David Rathband’s Blue Lamp 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 PC David Rathband’s Blue Lamp Foundation reserves the right to refuse to accept any registration and to refuse to supply any goods or services to any individual for any reason.
Although the Website uses encryption security software in areas where on line payment and personal 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 PC David Rathband’s Blue Lamp Foundation or it’s agents.
- Force majeure
PC David Rathband’s Blue Lamp 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.
16.1 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.
16.2 These terms and conditions constitute the entire agreement between PC David Rathband’s Blue Lamp Foundation and the User and supercede all other (prior or contemporaneous) communications and proposals, whether electronic or written, between the User and PC David Rathband’s Blue Lamp Foundation.
16.3 Any failure of PC David Rathband’s Blue Lamp 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.
- Text “SMS” Messages
Users of the SMS service are required to send a text to the shortcode or number as indicated in the information. Texts received by BLF will be charged at the standard operator rate, which will vary depending on the users mobile network provider. When a text message is received from BLF, sent to the same mobile phone from which the message was sent, acknowledging receipt of the entry (a “Text Acknowledgement”), this will result in the user being charged the amount stated in the relevant information. Please check with the relevant mobile network provider what standard network charge will apply. In the event that the user has insufficient funds, credits or capacity on their handset (as applicable) for the Text Acknowledgement to be successfully sent by BLF and received by the user within 72 hours of the original entry being received by BLF, the relevant messgae will be deemed ineligible and will not be accepted.
For competitions and voting, messages sent by text message which are received after the stated closing time will be invalid and will not be entered into the competition or vote results. If a text message entry is received by BLF after the stated closing time, the entrant may receive a text message from BLF informing them that their entry was received late and was not therefore entered into the competition or vote; however, the entrant will not be entitled to a refund of the standard network charge imposed by the entrant’s mobile network when they entered the competition or vote by text message.
SMS entries received after the notified closing time will not be valid. BLF accepts no liability for any SMS entry charges incurred regardless of whether the entry is received before the closing time. SMS entrants will receive a SMS confirmation text message of their message. At this moment in time, BLF does not send our marketing SMS messages, and therefore do not offer an “opt-out” service.
17.2. Text Donations
Your mobile operator will pass 100% of the text donation onto JustGiving. The minimum text donation is £1 and all donations must be in whole pounds sterling. The maximum text donation allowed is £10 for all mobile operators. This service is free to use on any UK network, and you’ll only be charged for the donation you make. The donation works like a premium rate SMS, with the cost of the donation charged to your bill.
Text donations may be refunded in certain circumstances (such as where the donation was sent from your mobile phone by mistake or without your permission) at the absolute discretion of your mobile phone operator. If you wish to request a refund you should contact your mobile phone operator to discuss this with them. There is no obligation for your mobile phone operator to provide a refund and they may choose to refund only part of the donation if they wish.
Once your text donation has been paid over by your mobile phone operator, it will only be refunded to you with the prior written consent of PC David Rathband’s Blue Lamp Foundation, regardless of whether or not the donation had been paid to the charity by JustGiving. Before a donation is refunded, the charity must agree that JustGiving may deduct the amount to be refunded from subsequent payments to be made by JustGiving to the charity. Where no further payments are due to be made to such charity within one week of the refund being made to you, JustGiving reserves the right to invoice the charity for the amount of the refund and the charity must agree to settle that invoice within one month of the date of the invoice.
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.
Reviewed Sept 2016