Terms and Conditions Terms & conditions of this website TERMS & CONDITIONS OF THIS WEBSITE Please read the following carefully About us Cherry Trees Registered address: School Lane, East Clandon, Surrey GU4 7RS Registered Charity No. 800222 Terms of Use: Definitions In these terms and conditions the following capitalised words shall have the following meanings: “Content” means all material including, without limitation, text, video, graphics and audio, published on the Website, whether copyright of Cherry Trees or a third party; “Intellectual Property Rights” means all patents, designs rights, trade marks, trade and business names and all associated goodwill, rights to sue for passing off, copyright, moral rights and related rights, rights in databases, domain names, rights in information (including know-how and trade secrets) and all other similar or equivalent rights existing now or in the future in any part of the world, in each case whether registered or unregistered and including all applications for, and renewals or extensions of, such rights for their full term. Accessing this site: By using the Website you agree to be legally bound by these terms and conditions, which shall take effect from your first use of the Website. If these terms and conditions are not accepted in full, the use of the Website must be terminated immediately. Cherry Trees reserves the right to change these terms and conditions at any time by posting changes online. Your continued use of the Website after any changes are posted means you agree to be legally bound by these terms as updated and/or amended. You agree to review this agreement periodically to ensure you are aware of any changes. Cherry Trees reserves the right to withdraw or amend the service it provides on the Website without notice and will not be liable if for any reason the Website is unavailable at any time or for any period. From time to time, Cherry Trees may restrict access to some parts of the Website, or the entire Website, to users who have registered. If you choose, or 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, and you must not disclose it to any third party. Cherry Trees reserves the right to disable any user identification code or password, whether chosen by or allocated to you, at any time, if, in the reasonable opinion of Cherry Trees, you have failed to comply with any of the provisions of these terms and conditions. You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these terms and conditions, and that they comply with them. Cherry Trees does not warrant that the functions contained in the Website will be uninterrupted or error free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy and reliability of the content. Cherry Trees does not warrant that functions contained in the Website will be uninterrupted or error free, that defects will be corrected, or that the Website or the server that makes it available on the internet are virus-free. No data transmission over the internet can be guaranteed to be 100% secure; therefore any information sent by e-mail or submitted through the Website is at your own risk. The Website is provided "as is" without any representations or any form of warranty (whether made expressly or implied by law), including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. You agree to use the Website for lawful purposes and in a way that does not infringe the rights of, nor restrict or inhibit anyone else's use and enjoyment of, the Website. 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 and cookies policy. Property Rights: All Content on the Website is the copyright of Cherry Trees or third parties. You may view the Content on screen. You may not copy, reproduce, republish, download, post, broadcast, transmit or otherwise use the Content in any way except for non- commercial personal or educational use. You agree not to adapt, alter or create a derivative work from any of the Content except for non-commercial personal or educational use. Any other use of the Content requires the prior written permission of Cherry Trees. The status of Cherry Trees (and that of any identified contributors) as the authors of any Content must always be acknowledged. If you copy, reproduce, republish, download, post, broadcast, transmit or otherwise use the Content in breach of these terms and conditions, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. The names, images and logos identifying Cherry Trees or any other third parties referred to on the Website and their products and services may be subject to copyright, design rights or trade mark rights. These trademarks may not be reproduced without the consent of the relevant owners. Nothing contained in these terms and conditions shall be construed as conferring any licence or right to use any trademark, design right or copyright of Cherry Trees or any other third party. Reliance on information posted: Commentary and other materials posted on the Website are not intended to amount to advice on which reliance should be placed. Cherry Trees therefore disclaims all liability and responsibility arising from any reliance placed on such materials by any visitor to the Website, or by anyone who may be informed of any of its contents. Cherry Trees updates the Website regularly, and may change the Content at any time. Any of the Content on the Website may be out of date at any given time, and we are under no obligation to update such material. Our Liability: Cherry Trees will not be liable for any damages, including indirect or consequential damages, or any damages arising from the use or loss of use of the Website, or the loss of data or profits, whether in contract, negligence or other tortuous action, arising from or in connection with the use of the Website. Nothing in these terms and conditions affects our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law. Privacy Policy: We process information about you in accordance with our privacy policy. By using the Website, you consent to such processing and you warrant that all data provided by you is accurate. Transactions concluded through the Website: Contracts for the supply of goods made by you and formed through the Website and the online shop are governed by our terms and conditions of supply. Uploading material to the Website: Where you are invited to submit any contribution to the Website (including any text, photographs, graphics, video or audio) you agree, by submitting your contribution, to grant Cherry Trees a perpetual, royalty-free, non-exclusive, sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, make available to the public, and exercise all copyright and publicity rights with respect to your contribution worldwide and/or to incorporate your contribution in other works in any media now known or later developed for the full term of any rights that may exist in your contribution, and in accordance with privacy restrictions set out in Cherry Trees privacy policy. If you do not want to grant to Cherry Trees the rights set out above, please do not submit your contribution. Contributions must be your own, they must be civil and tasteful. They must not contain any unlawful or objectionable content and they must not infringe the law. Should you identify contributions which are unlawful, distasteful or otherwise objectionable then please contact Cherry Trees: [email protected] When you provide your details or contributions to us you are stating that you are over 18 years of age or are a minor with parental consent. You agree that any information you provide to us about yourself upon registration or at any time will be true and accurate. Cherry Trees will not be responsible, or liable to you or any third party, for the content or accuracy of any materials posted by you or any other user of the Website. Cherry Trees has the right to remove any material or posting you make on the Website if, in our opinion, such material does not comply with these terms and conditions. Viruses, hacking and other offences: You must not misuse the Website 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 the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via denial-of-service attach or a distributed denial-of-service attack. If you breach any of paragraphs 9(a)-(c) above, you will be committing a criminal offence under the Computer Misuse Act 1990. Cherry Trees will report any such breach to the relevant law enforcement authorities and will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately. Cherry Trees will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any Content, or any website linked to the Website. Linking to the Website: You may link to the Website, provided you do so in a way that is fair and legal and does not damage the reputation of Cherry Trees or take advantage of it either commercially and non-commercially. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on the part of Cherry Trees where none exists. You will remove any such link immediately if requested by Cherry Trees. Links from our Website: The Website may contain links to other websites. These links are provided for your convenience and Cherry Trees has no control over such websites, nor is it responsible for their content. Cherry Trees Privacy Policy does not extend to any websites that can be accessed from http://add link or any related websites within the domain of http://www.cherrytrees.org.uk. The inclusion of these links on the Website does not imply endorsement of any material on those websites, or any association with their operators, unless otherwise stated. Cherry Trees cannot guarantee the security of these sites, the operation of the links or that they will be virus- free. Your use of any third party websites is at your own risk and subject to their respective terms & conditions and privacy policies. Cherry Trees accepts no responsibility for any loss or damage that may result from your use of any third party websites. Your Concerns: If you have any concerns about material which appears the Website, please contact: Cherry Trees Supporter Care on: Email: - [email protected] Phone: - 01483 222507 Manage Cookie Preferences