The following are the terms and conditions of use upon which we, Hagley
Community Association ("HCA"), make available to you the website located
at URL www.hagleyvillage.org ("the Site"). All users of the Site agree
to be bound by the terms and conditions below ("Terms and Conditions").
If you do not wish to be bound by these Terms and Conditions then you
should not access or use the Site.
Your use of the Site is also governed by the Privacy Policy applicable
to the Site ("Privacy Policy"), the provisions of which are deemed
incorporated as included within these Terms and Conditions. To view the
Privacy Policy now, please click here.
"Content" means any and all material contained in the Site. "You" or
"you" means any user of the Site.
Nature of the Site
You acknowledge and agree that you will be liable for any charges
from third parties incurred by you during any use by you of the Site.
All information contained in the Site is owned by or licensed to
HCA (and/or its associates, assignees, licensees or sub-licensees).
Accordingly, you acknowledge and agree that the copyright in the text,
artwork, graphics and images on the Site is (save where expressly stated
otherwise) owned by HCA.
Use of the Site
In addition to your obligations pursuant to Clause 3 (below), you
undertake that you will not use the Site:
to send a message or communication which is offensive, abusive,
defamatory, obscene, menacing or illegal;
to cause annoyance, inconvenience or needless anxiety to, or breach
the rights of any other person;
to perform any illegal activity;
to receive, use, possess, post, transmit or publish obscene material; or
to upload, post, publish or transmit any Content, information or
software which is protected by copyright or proprietary right without
the prior written consent of its owner.
You agree not to attempt to reverse engineer, decipher, decompile
or disassemble the Site or any Content or otherwise reduce it to human
readable form or knowingly allow others to do so, except to the extent
that applicable laws specifically prohibit such restriction. You may
not modify any Content or create derivative works of any Content. You
also may not transmit or distribute any Content electronically or via
the Internet.
You expressly agree that HCA may use any information disclosed by
you pursuant to your use of the Site (including, without limitation,
your name and address), in accordance with those purposes set out in the
Site associated with such disclosure.
Intellectual Property Rights, Warranties and Indemnity
You acknowledge and agree that all intellectual property rights in
all Content, and software (if any), that is made available to view
and/or download in connection with the Site remains the property of HCA,
its associated companies and/or third parties.
You undertake:
that you will only view and use the Site for your own private
purpose and will not publish, reproduce, store or retransmit any of Content;
not to use the Site for any unlawful or unauthorised purpose;
not to use or interfere with the Site other than in accordance with
these Terms and Conditions and (without limitation) not in any way so
that all or part of the Site or any Content is or could be interrupted,
reproduced, stored, retransmitted, published, damaged, rendered less
efficient, corrupted or in anyway impaired;
not to use the Site or Content in any manner which constitutes an
infringement of any third party rights (including but not limited to
rights of copyright trademark or confidentiality);
not to use the Site or Content to transmit any material for the
purposes of publicity, promotion and/or advertising without the prior
written consent of HCA;
that in the event you have right, claim, or action against any other
user or other third party arising out of the use of the Site you shall
pursue such right, claim or action independently of and without recourse
to HCA;
that all intellectual property rights (including without limitation
copyright, trade marks and all other rights) whatsoever in any Content
and the Site shall remain vested in HCA at all times;
and acknowledge that HCA has no obligation to provide the Site or
any Content or to ensure you are able to use and/or access the Site or
any Content.
You agree to indemnify and keep indemnified HCA (and all associated
companies of HCA) against all claims, liabilities, damages, costs and
expenses including legal fees arising out of any breach or misuse of any
Content, the Site or any breach of any of your obligations set out in to
these Terms and Conditions.
Exclusion of Liability
HCA provides the Site and the Content on an "as is" basis and makes
no warranty or representation about the availability, completeness,
accuracy, satisfactory quality, merchantability and/or fitness of the
same for a particular purpose.
Advertisers and advertisements appearing (by way of, for example,
banners and hyperlinks) upon the Site have not been checked by HCA and
any information submitted or any use and/or reliance placed by you upon
the same is entirely at your risk.
Further, HCA makes no warranty or representation about:
the reliability or technical efficiency of the Site;
the security measures (if any) contained in the Site and in
particular the protection afforded to any information and data that you
may disclose to HCA by way of your use of the Site;
whether the Site or any Content is Year 2000 compliant; or
the suitability of the advertisements on the Site or the other web
sites which may be accessible (directly or indirectly) from the Site.
HCA excludes all liability (so far as is permitted by law) in respect of:
any advertisements or other web sites which can be accessed directly
or indirectly via the Site;
any opinions and expressions made by third parties which can be
accessed via the Site or which are contained in any Content; and
any damage to you, your computer hardware, software or other
material or equipment resulting from your accessing and/or using the
Site and/or any Content.
HCA does not warrant that your use of the Site or any Content will
be uninterrupted or that the operation of the Site or any Content will
be error free, virus free or secure, or that the Site or any Content and
the functions of the Site or any Content will be merchantable and will
meet your requirements, or that no third parties' rights are infringed
thereby.
The information, Content, products and services (and related
graphics) included in or available through the Site may include
inaccuracies or typographical errors. Changes to the Site may be made
from time to time. We make no representations and give no warranties
(including implied warranties) whatsoever relating to the suitability,
reliability, availability, accuracy, timeliness, merchantability,
fitness for a particular purpose, lack of viruses or other harmful
components of the information, Content, products and services (and
related graphics) contained in the Site.
HCA shall have no obligation to maintain any Content, products
and/or services available at any time through the Site.
All brand names, product names and/or service names used in the Site
and within any Content are trademarks, trade names, service marks or
copyrights of their respective holders. Any use of any such brand name,
product name and/or service name without the express, prior, written
consent of the relevant rights holder may constitute an infringement of
that rights holder's rights and HCA gives no permission for the use of
any such item in any way whatsoever.
Changing these Terms and Conditions
HCA may amend or vary these Terms and Conditions (including the
Privacy Policy) from time to time by posting an amended version of these
Terms and Conditions (and any such amendment or variation shall be
effective on the fifth day following such posting). You are responsible
for regularly reviewing these Terms and Conditions and any additional
terms posted on third party sites. Continued use of the Site
constitutes your agreement to all such revised terms and conditions and
notices.
HCA may at any time improve, modify or otherwise alter any party of
the Site and any Content.
Third Party Sites and Third Party Transactions
HCA does not warrant the availability or content of any third party
sites that may be available (directly or indirectly) via the Site, and
have no liability in relation to such availability or lack of
availability.
You may enter into or seek to enter into transactions with third
parties in relation to the sale, rental or provision of goods via the
Site. HCA will not be a party to such transactions and will not be
liable whether in contract, tort (including liability for negligence),
or otherwise for any loss, cost of damage incurred by you arising out of
or in relation thereto.
Termination
HCA shall, at any time, have the right to terminate these Terms and
Conditions (and your use of the Site) immediately and without notice to
you.
General
These Terms and Conditions represent the entire understanding
between you and HCA in relation to the subject matter herein and
supersedes all other agreements or representations made by either party,
whether oral or written.
No waiver by HCA of any default of you under these Terms and
Conditions shall operate or be construed as a waiver by us of any future
defaults, whether of a like or different character. No granting of time
or other forbearance or indulgence by HCA to you shall in any way
releases, discharge or otherwise affect your liability.
These Terms and Conditions contain the full and complete
understanding between you and HCA in respect of your use of the Site,
and supersedes all prior arrangements and understandings (whether
written or oral) in relation thereto.
If any provision of these Terms and Conditions shall be prohibited
or adjudged by a Court to be unlawful, void or unenforceable, such
provision shall to the extent required be severed from these Terms and
Conditions and rendered ineffective as far as possible without modifying
the remaining provisions of these Terms and Conditions.
Jurisdiction
These Terms and Conditions shall be governed by and construed in
accordance with the laws of England and Wales, the Courts of which shall
exclusively be the courts of competent jurisdiction.