Terms & Conditions | wear it pink 2009

Terms and Conditions

About www.wearitpink.co.uk
1. www.wearitpink.co.uk is an online charitable, awareness, fundraising, information, and education web site operated and owned by Breast Cancer Campaign ("Breast Cancer Campaign")
2. Breast Cancer Campaign is a charity registered by the Charity Commission for England and Wales (no. 299758) and a company limited by guarantee registered in England (no. 05074725) whose registered office is at Clifton Centre, 110 Clifton Street, London EC2A 4HT.
3. These terms and conditions ("Terms") apply to all and any use of the web site available at www.wearitpink.co.uk and its Content ("the Web Site") and all Intellectual Property Rights therein.
4. the Web Site and references to the Web Site includes each part of it and the Content, which is made up of and includes:
  1. any and all articles, images, text, videos and other content and materials produced by or for Breast Cancer Campaign and made available for download from the web site ("Produced Content")
  2. any and all articles, images, text, videos and other content and materials uploaded, submitted, transmitted, posted or otherwise placed on the Web Site by its users ("User Content");
  3. any comments, postings, emails, messages and other communications made to or using it or any message board or similar services run or made available on or through it ("Communications").
5. By "Intellectual Property Rights" what we mean is all ownership rights and interests in copyright, design right, database right, patents and any rights to inventions, know-how, trade and business names, trade secrets and trade marks (whether registered or unregistered) and any applications thereof and other like rights.
6. By using the Web Site you represent and confirm that you understand, accept and are able to understand and accept these Terms and agree to be bound by them.
7. If you do not accept or understand these Terms you should not use the Web Site. That includes by using, posting or accessing the Content or Communications.
8. If you are under the age of 13 and don't understand these Terms or their meaning, please ask a parent or guardian to explain them and their meaning to you.
9. Breast Cancer Campaign may make alterations to these Terms from time to time and these variations shall become effective immediately upon being accessible from www.wearitpink.co.uk /terms-and-conditions.aspx.
Use of the Web Site
1. You MAY download and use the Web Site and the Content on it via the internet solely for your private, non-commercial, personal use and related charitable purposes.
2. Breast Cancer Campaign grants you a non-exclusive, limited license to download and use the Web Site and the Content via the Internet solely for your private, non-commercial, personal use and related charitable purposes.
3. These Terms and the rights granted by them do not give you any rights of ownership in the Web Site and should not be construed as a sale or transfer of any copyright or other right.
4. You may not transfer, sub license or deal in this right without Breast Cancer Campaign's prior written agreement.
5. You agree not to:
  1. use the Web Site or any Content for any commercial or business purpose (this does not include charitable purposes);
  2. include contact details intended to facilitate communication of any sort (email address, postal address, phone number, web address etc.) in any Communication or User Content;
  3. use your access to the Web Site, or information gathered from it, for the sending of unsolicited bulk email or any spam;
  4. process or otherwise use the information contained on or within use the Web Site or any Content for any illegal or immoral purpose or use or process the same unfairly.
Content and Intellectual Property Rights
1. You will be responsible for any Content that you upload, submit, transmit, post or otherwise place on or through the Web Site and you accept full responsibility and liability for that Content. Breast Cancer Campaign shall have no liability in relation thereto.
2. By uploading, submitting, transmitting, posting or otherwise placing any Content on or through the Web Site you expressly agree and confirm that:
  1. you are not a minor or else have your parent's or guardian's permission to do so on these Terms;
  2. your Content may be used on and in connection with the Web Site;
  3. your username may be advertised and used in connection with your Content;
  4. you grant to Breast Cancer Campaign the non-exclusive, irrevocable, worldwide, perpetual, royalty free right and license to use such Content on and / or in connection with the Web Site and to give all consents (if any) which Breast Cancer Campaign requires including under copyright and other intellectual property, data protection and privacy laws world wide, for that use only;
  5. you own or have proper licenses, permissions and other consents in place in respect of all features and resources used in the Content;
  6. any Content you submit and the use of it as envisaged by these Terms does not and will not infringe any third party Intellectual Property Rights or other rights;
  7. you are entitled to grant the rights granted and you are not under any contractual or other obligations preventing you from doing so;
  8. you have received all necessary permissions and consent required for the use of any Content by Breast Cancer Campaign, as described in these terms and conditions;
  9. that you have not granted any other person any rights that are inconsistent with the license granted above.
Copyright, Trade Marks and other Intellectual Property Rights
1. All Intellectual Property Rights in the web site design and software and all Produced Content belong to and vest in Breast Cancer Campaign, or are licensed to Breast Cancer Campaign unless otherwise specified. All such rights of Breast Cancer Campaign are hereby asserted and reserved.
2. In respect of the Web Site (including the Content) you shall not:
  1. make any commercial use without Breast Cancer Campaign's prior written consent (this does not include use for reasonable charitable purposes);
  2. provide hypertext links, URL Links, graphic links, hyperlinks or other direct connection for profit or gain to them without Breast Cancer Campaign's prior written permission other than for reasonable charitable purposes;
  3. display, publish, copy, print, post or otherwise use them and the information contained therein for the benefit of any third party or web site without Breast Cancer Campaign's prior written consent, except for reasonable charitable purposes;
  4. hack, attempt to hack, modify, adapt, merge, translate, distribute, transmit, use, re-use, re-post, disassemble, decompile or reverse engineer or create derivative works out of the Web Site or any Content or information contained in it, for any purpose other than as expressly permitted above unless expressly permitted by applicable law;
  5. remove, disable, modify, add to or tamper with any program code or data, copyright, trademark or other proprietary notices and legends;
  6. create software which mimics data or functionality in the Web Site;
  7. use or deal in the Web Site except as permitted by these Terms.
3. You agree to comply with all other applicable rules available on the Web Site.
4. You must retain all copyright notices and other proprietary notices contained on the Web Site and the Content.
5. All third party Intellectual Property Rights are the property of their respective owners and Breast Cancer Campaign makes no warranty or representation in relation thereto.
Forum and Communications
1. the Web Site is an online charitable, awareness, fund raising, education and information service and ancillary to this Breast Cancer Campaign is involved in the transmission, hosting, caching, storage, retrieval and dealing with User Content and third party Communications without review, selection or alteration of their content - for which it is a mere conduit.
2. The views expressed in any User Content or Communications are the views of the individual authors and not those of Breast Cancer Campaign unless specified otherwise by Breast Cancer Campaign.
3. Breast Cancer Campaign is not responsible for and disclaims all liability in respect of any comments, views or remarks expressed in any User Content or Communications.
4. By using the Web Site you acknowledge that Breast Cancer Campaign has no responsibility to review the content of any User Content or Communications and that all User Content and Communications are made available on the basis that Breast Cancer Campaign is not required to and does not exercise any control or judgment concerning their contents.
5. Notwithstanding the foregoing Breast Cancer Campaign shall be entitled to remove or reject any User Content or Communications and remove or suspend your ability to access, upload, submit, transmit, post or otherwise place User Content or Communications on or through the Web Site for any reason.
6. You agree that Breast Cancer Campaign may use, publish, edit, modify and adapt your User Content and Communications for any and all purposes relating to the Web Site and the business of Breast Cancer Campaign and you hereby grant it an unrestricted non-exclusive license to do so and waive all so called moral rights in your Communications.
7. You agree and undertake that you will not upload, submit, transmit, post or otherwise place User Content nor make any Communication or post to or transmit to the Web Site any statement or material that:
  1. is unlawful or which gives rise to civil or criminal liability;
  2. promotes any illegal or unlawful activity;
  3. infringes any copyright or other intellectual property right of any third party or assists infringement or piracy;
  4. includes any computer virus, worms, logic bombs or other malicious software or technically harmful data;
  5. is abusive, pornographic, defamatory, discriminatory or obscene;
  6. harasses any person;
  7. markets or promotes any third party;
  8. which seeks or attempts to make any arrangement to meet a child under the age of 16 or which may have such a meeting as its object or effect;
  9. contains any restricted material, including but not limited to passwords, medical information or confidential information of any person; or
  10. solicits, invites, encourages, advocates, incites or provokes any or all of the foregoing.
8. It is a known risk of internet usage that people are not necessarily who they say they are. People may provide information or behave in a way that is unreliable, misleading, unlawful or illegal. Breast Cancer Campaign has no way of telling if statements made by other users are true. This is a decision that can only be made by you. You should therefore exercise of some degree of caution when using any web site. By using the Web Site and its services you accept that this is the case and accept that you therefore use the Web Site at your own risk. PLEASE TAKE PARTICULAR CARE IN RELATION TO THE DISCLOSURE OF YOUR OWN PERSONAL INFORMATION SUCH AS YOUR SURNAME, ADDRESS, EMAIL ADDRESS, TELEPHONE NUMBER AND PLACES YOU GO.
Liability
1. Breast Cancer Campaign provides and maintains the Web Site for personal information, education and entertainment, on an "as is" basis
2. Breast Cancer Campaign shall be liable only to provide its services with reasonable skill and care and gives no other warranty in connection with the Web Site.
3. Third party web sites and online services to which the Web Site links ("External Sites") have not been verified or reviewed by Breast Cancer Campaign.
4. All use and access of External Sites is made at your own risk.
5. Breast Cancer Campaign gives no warranty in connection with the Web Site other than as expressly stated and to the maximum extent permitted by law, Breast Cancer Campaign excludes liability for:
  1. any loss or damage of any kind howsoever arising, including any direct, indirect, special, punitive or consequential loss whether or not such arises out of any problem which Breast Cancer Campaign has been made aware of;
  2. the accuracy, currency or validity of the information and material contained within any User Content or Communications or the Web Site;
  3. any interruptions to or delays in updating the Web Site;
  4. any incorrect or inaccurate information on the Web Site;
  5. the infringement by any person of any copyright or other Intellectual Property Rights of any third party through any User Content or Communication or use of the Web Site;
  6. the availability, quality, content or nature of External Sites;
  7. any transaction involving External Sites;
  8. any amount or kind of loss or damage due to viruses or other malicious software that may infect a user's computer equipment, software, data or other property caused by persons accessing, using or downloading the Web Site, or any User Content or Communication;
  9. all representations, warranties, conditions and other terms which but for this notice would have effect.
6. Breast Cancer Campaign does not warrant that the operation of the Web Site will be uninterrupted or error free.
7. Breast Cancer Campaign will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen contingency beyond its the reasonable control including Internet outages, communications outages, fire, flood, war or act of God.
8. Except as provided above there are no other warranties, conditions or other Terms, express or implied, statutory or otherwise, and all such Terms are hereby excluded to the maximum extent permitted by law.
9. These Terms above are subject to your statutory and common law consumer rights and shall not limit any rights you might have as a consumer that may not be excluded under applicable law nor shall it exclude or limit Breast Cancer Campaign's liability for death or personal injury resulting from its negligence nor any fraudulent representation.
10. You agree that in relation to your use of the Web Site you will not in any way conduct yourself in a manner which is unlawful or which gives rise to civil or criminal liability or which might call into disrepute the Web Site.
11. You hereby indemnify, defend and hold Breast Cancer Campaign and Breast Cancer Campaign's affiliates and Breast Cancer Campaign's officers, directors, owners, agents, information providers, affiliates, licensers and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs (including reasonable attorneys fees) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms or claims arising from your use of the Web Site any Communications and any use of your membership account. You shall use your best efforts to cooperate with Breast Cancer Campaign in the defence of any claim. Breast Cancer Campaign reserves the right, at Breast Cancer Campaign's own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you.
Donations and Product Purchases
1. You can make donations to Breast Cancer Campaign or purchase products advertised in the Web Site shop ("Products") in the following ways:
  1. by telephoning 020 7749 3700;
  2. via the Web Site service;
2. When you place an order for Products in any of the ways described above (your "Order") this will be deemed an offer to buy the Products for the price stated, subject to these Terms.
3. After you have submitted your Order we will send you an e-mail to confirm that we have received it. This email confirmation will be produced automatically so that you have confirmation of your Order details. The fact that you receive an automatic confirmation does not necessarily mean that we will be able to meet your Order.
4. Once we have sent the confirmation email we will then check the Order and if we accept it we will either contact you with a further email stating that it is accepted or send out the Product. Once you have receive this email or the Product is sent to you then a binding contract will exist.
5. Following acceptance Breast Cancer Campaign may cancel a sale and not supply the Product if it is reasonable to do so and may change or discontinue the availability of any Products at any time at its sole discretion.
6. you may cancel your Order of a Products at any time up to the end of the 7th calendar day after receiving it if it is unused and in its original packaging. In that case please return it to us and on receipt Breast Cancer Campaign shall, as soon as possible, refund or re-credit your account with any sum debited by it from your credit card or debit card or other method of payment in respect of that Product.
Price and Payment
1. Prices are quoted in UK pounds - outside the UK your credit card company should exchange the amount charged to the currency of your country at the current rate.
2. Payment may be required before the Product is provided and if not is payment due from the moment the Order is accepted.
3. Payment may be made by credit card, debit card, cheque or postal order. Outside the UK all payments must be by credit or debit card.
4. Orders and Donations may be processed online, or over the phone, using a credit or debit card (currently VISA, MasterCard, Delta, Maestro and Switch/Solo). We aim to debit money from your account within three working days after receiving your Order.
5. You will not be charged for any Orders that cannot be fulfilled and where appropriate Breast Cancer Campaign will re-credit to your account any sum debited by Breast Cancer Campaign.
6. Breast Cancer Campaign cannot guarantee that a particular Product will always be available.
7. Credit/debit card details will be encrypted to minimise the possibility of someone being able to read them as they are sent over the Internet. Please refer to our privacy policy regarding use of your data including credit card data.
8. Your credit card company may also do security checks to confirm it is you making the Order.
9. All Order details and invoices will be sent to the credit card billing address and not the delivery address where they differ.
10. In the UK, you may pay by cheque or postal order if you wish.
11. Please make cheques payable to Breast Cancer Campaign. Please also send us a covering letter detailing your Order, cheque guarantee card number, guaranteed amount, expiry date, contact details and delivery address.
12. Your statutory rights are unaffected by these Terms.
Termination
1. Without limiting to any other rights it may have Breast Cancer Campaign may remove, restrict, cancel or suspend access to and use of the Web Site and Content or other any part of it, if it considers (in its sole discretion) that you have breached of any of these Terms. Termination shall be without prejudice to the accrued rights of Breast Cancer Campaign.
General
1. Except as provided above there are no other warranties, conditions or other terms, express or implied, statutory or otherwise, and all such terms are hereby excluded to the maximum extent permitted by law (but subject to your statutory and common law consumer rights).
2. Breast Cancer Campaign acts as principal on its own account and not as agent for you or any other person.
3. If Breast Cancer Campaign does not enforce any provision of this agreement such will not be considered a waiver of any provision or right.
4. In the event that any part of these terms and conditions is held to be unenforceable, such part will at Breast Cancer Campaign's option be construed as far as possible to reflect the parties' intentions and the remainder of the provisions will remain in full force and effect.
5. These terms and conditions constitute the entire agreement between you and Breast Cancer Campaign and shall apply to the exclusion of all other terms or conditions of contract which you may purport to propose.
6. Reference to the word "include" and "including" shall mean and be read as "include without limitation" and "including without limitation" in these Terms.
7. Use of Breast Cancer Campaign and these terms are subject to the laws of England which shall exclusively govern the interpretation, application and effect of all the above permissions, exclusions, licenses and conditions of use and shall be construed in accordance with the laws of England and the parties submit to the exclusive jurisdiction of the English courts.
8. The Web Site is intended for and directed at the UK and no representation or warranty is made as to whether the Web Site complies with the regulatory regime and local laws of any other countries.
9. By using the Web Site you undertake that you have the necessary hardware, software and capability required for its use including in relation to Content, Communications, email and web usage.
Further Information
1. All questions, comments or enquiries should be directed to Breast Cancer Campaign at info@breastcancercampaign.org or via the form on the Web Site or via Breast Cancer Campaign Clifton Centre, 110 Clifton Street, London EC2A 4HT.