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SITE AGREEMENT

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.hagley.uk (“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.

1. Nature of the Site

1.1  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.

1.2  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.

2.1  In addition to your obligations pursuant to Clause 3 (below), you undertake that you will not use the Site:

(a)  to send a message or communication which is offensive, abusive, defamatory, obscene, menacing or illegal;

(b)  to cause annoyance, inconvenience or needless anxiety to, or breach the rights of any other person;

(c)  to perform any illegal activity;

(d)  to receive, use, possess, post, transmit or publish obscene material; or

(e)  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.

2.2  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.

2.3  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.

3.1  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 branches and/or third parties.

3.2 You undertake: 

a) 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;

(b) not to use the Site for any unlawful or unauthorised purpose;

(c) 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;

(d) 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);

(e) 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;

(f) 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;

(g) 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;

(h) 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 branches 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.

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:
(a) the reliability or technical efficiency of the Site
(b) 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;
(c) 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:
(a) any advertisements or other web sites which can be accessed directly or indirectly via the Site;
(b) any opinions and expressions made by third parties which can be accessed via the Site or which are contained in any Content; and
(c) 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.

5.1 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.

5.2 HCA may at any time improve, modify or otherwise alter any party of the Site and any Content.

6.1 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.

6.2 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.

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.

8.1 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.

8.2 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.

8.3  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.

8.4  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.

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.

Date last updated: 20 July 2020