Terms and Conditions
These are the general Terms and Conditions of Breakthrough Breast Cancer for use of this Website.
Please read these Terms and Conditions carefully. Use of the Website will be subject to these Terms and Conditions.
1. Definitions
In these terms and conditions, the following definitions shall apply:
'Breakthrough Breast Cancer' means Breakthrough Breast Cancer, a charity registered under number 1062636 and a company limited by guarantee registered in England and Wales under number 2848982, having its registered office at 3rd Floor Weston House 246 High Holborn
London WC1V 7EX;
'Breakthrough Promotions Limited' means a company limited by shares registered in England and Wales under number 03239583, having its registered office at 3rd Floor Weston House 246 High Holborn London WC1V 7EX;
'the Website' means any website under the ownership or control of Breakthrough Breast Cancer 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, placing an Order for goods, or making postings to the Breakthrough Breast Cancer Forums;
'Service' means any information and services provided by Breakthrough Breast Cancer through or via the Website.
2. Applicable terms and conditions
The Website is owned by Breakthrough Breast Cancer and any use made of this Website (including registrations and donations made via the Website), are subject to these Terms and Conditions. Breakthrough Breast Cancer may, at its sole discretion, modify or revise these Terms and Conditions at any time by updating the text of this page. Certain parts of the Service have additional terms that apply to them. For example, a) the User cannot buy goods from this Website unless it accepts the Terms and Conditions of Sale which will apply to any contract made between the User and Breakthrough Promotions Ltd for the purchase and sale of goods from this Website and b) Users cannot place postings on the Breakthrough Breast Cancer Forums without observing the Forum Rules
3. 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 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 Breakthrough Breast Cancer; and
3.3 the User agrees to use this Website only for lawful purposes, and in a manner which does not infringe the rights, or restrict, or inhibit the use and enjoyment of the Website by any third party.
4. Copyright and Trade Marks
4.1 Copyright in the Material is owned by Breakthrough Breast Cancer or its content suppliers. Unauthorised use of the Material including reproduction, storage, modification, distribution or republication without the prior written consent of Breakthrough Breast Cancer or, where applicable, the respective copyright owner(s) is prohibited.
4.2 The names and logos of Breakthrough Breast Cancer and all related product and service names, designs marks and slogans are the trade names, service marks or trade marks of Breakthrough Breast Cancer and may not be used without the prior consent of Breakthrough Breast Cancer. The name 'Fashion Targets Breast Cancer' and the logo 'Fashion Targets Breast Cancer' both of which are owned by The Council of Fashion Designers of America/ CFDA Foundation, Inc., U.S.A. and licensed to Breakthrough Breast Cancer may not be used without the prior consent of
Breakthrough Breast Cancer.
4.3 All works in the nature of databases attract database rights.
5. Disclaimer
5.1 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, Breakthrough Breast Cancer does not accept any liability to any person relating to the use of any such information.
5.2 Whilst Breakthrough Breast Cancer has taken every precaution in compiling this Website 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 Website.
6. Target audience
6.1 The Website is intended for use by UK residents and only in relation to their activities within the UK. It may not be appropriate to apply any of the information on the Website to activities outside the UK.
6.2 The information provided on this Website has not been written to meet individual requirements and it is the User's sole responsibility to satisfy itself prior to using the information in any way for its purposes.
6.3 The information contained on the Website was correct at the time of writing. However, due to research and medical advances, the content may not be completely up to date.
7. Warranty and indemnity
The User warrants to Breakthrough Breast Cancer 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. Breakthrough Breast Cancer reserves the right to bar users from this Website, to report any misuse of this Website to the relevant authorities and where appropriate to take legal action. The User shall indemnify Breakthrough Breast Cancer, its employees and agents, 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 Breakthrough Breast Cancer, 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.
8. Limitation of liability
Without affecting the statutory rights of purchasers of any goods or products, or any specific terms included in the Terms and Conditions of sale the User agrees that its use of the Service is on an 'as is' and 'as available' basis and that its use of the Service is at its sole risk. On that basis, Breakthrough Breast Cancer hereby disclaims all warranties and conditions with regard to the Material, whether express or implied or statutory. In no event shall Breakthrough Breast Cancer be liable for any indirect, punitive, special, incidental, or consequential damages whatsoever including without limitation, damages for loss of use, data or profits arising out of or in any way connected with the use of performance of the Website, interruptions or delays to the Website, the provision of or failure to provide the Service, or for any information, Material, goods and services obtained through the Website or otherwise arising out of the use of the Website, whether based in contract, tort or otherwise to the fullest extent permitted by law.
9. Third party websites
This Website contains links to websites operated by parties other than Breakthrough Breast Cancer, which are not under the control of, and are not maintained by Breakthrough Breast Cancer. Breakthrough Breast Cancer has included links to these sites to provide the User with access to information and services that it may find useful or interesting. Breakthrough Breast Cancer is not responsible for the content of these sites and pages or for anything provided by them. If the User has any concerns about the content of any linked website or any website associating itself with Breakthrough Breast Cancer please contact the Website Manager; email webmaster@breakthrough.org.uk.
10. Privacy and Data Protection
See above.
11. Viruses
Breakthrough Breast Cancer does not warrant that the functions contained in the material contained in this Website will be uninterrupted or error free, that defects will be corrected, or that this Website or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy and reliability of the materials. Whilst Breakthrough Breast Cancer 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.
12. Encryption
Although the Website uses encryption security software in areas where on line payment details are accepted and registration details are given, 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 Breakthrough Breast Cancer or its agents.
13. Force majeure
Breakthrough Breast Cancer 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.
14. Links
Any person or organisation wishing to establish a link to this Website must obtain the prior written consent of Breakthrough Breast Cancer. Any request should be made by email to webmaster@breakthrough.org.uk. Submission of a link request to Breakthrough Breast Cancer confirms the User's agreement to comply with these Terms and Conditions.
15. Use of Breakthrough Breast Cancer Forums
Use of the Breakthrough Breast Cancer Forums constitutes acceptance by the User of these Terms and Conditions and the Forum Rules. Breakthrough Breast Cancer reserves the right, without prior warning, to bar submissions from individuals who fail to comply with these Terms and Conditions and/ or the Forum Rules and Breakthrough Breast Cancer further reserves the right to delete any Material which it in its sole discretion considers to be offensive or inappropriate. Please be aware that Breakthrough Breast Cancer cannot control the actions of users of the Breakthrough Breast Cancer Forums and is not liable for any inappropriate or offensive material posted on the Website by the Users. By using the Website and Breakthrough Breast Cancer Forums the User acknowledges and accepts the risk that it may be exposed to offensive or inappropriate material. If the User becomes aware of any breach of these rules please inform Breakthrough Breast Cancer immediately by contacting webmaster@breakthrough.org.uk
16. Complaints or Enquiries
If you have any enquiries or complaints then please address them to:
Communications Manager
Breakthrough Breast Cancer
3rd Floor Weston House
246 High Holborn
London
WC1V 7EX
webmaster@breakthrough.org.uk
Our full Complaints Policy can be found here.
17. General
17.1 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.
17.2 These Terms and Conditions constitute the entire agreement between Breakthrough Breast Cancer and the User and supercede all other (prior or contemporaneous) communications and proposals, whether electronic or written, between the User and Breakthrough Breast Cancer.
17.3 Any failure of Breakthrough Breast Cancer 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.
17.4 If these Terms and Conditions are not accepted in full, the use of this Website must be terminated immediately.
18. Jurisdiction
The Terms and Conditions shall be governed and interpreted in accordance with English law and the User consents to the exclusive jurisdiction of the English courts.
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