http:sharphamtrust.org (the "Site') is provided by:
The Sharpham Trust, a limited company registered in England with company number 01659601. Our registered address is at Sharpham House, Ashphrington, Totnes, Devon TQ9 7UT. The Sharpham Trust is also a registered charity with charity number 285767.
Please read these Terms carefully! If you do not accept all of these Terms then you do not have our permission to use our Site and should stop using it immediately. If you continue to use the Site you are deemed to accept and be bound by the Terms (as amended from time to time).
In these Terms, "we", "our" and "us” refers to The Sharpham Trust and "you" or "your” means you, the user.
The Site and all of its contents including, but not limited to, the text, its format (as well as the organisation and layout of the Site), design, drawings, logos, graphics, icons, images, photography, artwork and publications on the Site (the "Content") are owned and copyrighted by us or our licensors with all rights reserved unless otherwise noted.
All trade marks, copyright, data base rights, patents and other intellectual property rights (together "IP") in the Content are owned by us or our licensors or are otherwise used by us as permitted by applicable law. Any Content that is a trade mark, logo or service mark is also our or our licensors' registered or unregistered trade mark.
Nothing contained in these Terms shall be interpreted as conferring any express or implied licence or right to use any IP that belongs to us or anyone else. Where the Content is owned or copyrighted by a third party, certain restrictions may apply that you have to comply with. If this is the case, it will be indicated on the relevant part of the Site. Unless stated in these Terms, you are not allowed to use any Content without our written permission.
We will enforce our IP rights to the fullest extent permitted by the law, including by seeking criminal prosecution.
You must ensure that any details you provide us with are correct, complete and not inappropriate in any way.
You are permitted to use the Site if you comply with the following rules:
- you may download the Content, but only for informational, non-commercial, non-profitable purposes and personal use and provided that you do not remove, adapt, alter or obscure any of the information, content or notices (such as copyright and other proprietary notices) contained in the Content. You may not (without our prior written permission or in accordance with the Copyright, Designs and Patents Act 1988) reproduce, download, post, broadcast, store in any medium (including in any other website), transmit, make available to the public, or otherwise use the Content (including, but not limited to, "caching" any material on the Site for access by third parties or "mirroring" any material on the Site) in any way except for your own personal, non-commercial use. Any other use of the Content or the Site requires our prior written permission;
- content within the news section of the Site may be reproduced solely for editorial purposes in daily newspapers, general circulation news magazines, trade publications and broadcast media;
- you shall not distribute, modify, copy (except as set out above), transmit, display, reuse, reproduce, publish, license, create derivative works from, transfer, sell or otherwise use Content without our prior written permission;
- you shall not create a database in electronic or structured manual form by downloading and storing any Content from the Site;
- as a condition of your access to and use of the Site, you agree that you shall not use the Site for any purpose that is prohibited by these Terms or could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law in any relevant jurisdiction. You also agree to tell us as soon as you become aware of any unlawful or prohibited use of the Site by anyone else;
- you are responsible for complying with local laws and regulations of the jurisdiction from which you access the Site. The Site should not be accessed in any jurisdiction where for any reason the publication or availability of the Site is prohibited. We do not claim that the Site complies with laws in all jurisdictions. If you are in doubt, you should seek legal advice and if necessary, stop using the Site immediately;
- you shall not post or transmit to or from the Site any material for which you have not obtained all necessary licences or approvals or which is technically harmful (including without limitation computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data);
- you shall not misuse the Site (including without limitation by (i) hacking; (ii) defacing, altering or interfering with the front end "look and feel" of the Site; (iii) obtaining or attempting to obtain unauthorised access (via whatever means) to any of our networks or any of our other customer’s accounts; (iv) by taking any action that imposes an unreasonable or disproportionately large load on the Site or related infrastructure; or by (v) using any software, routine or device to interfere or attempt to interfere electronically or manually with the operation or functionality of the Site (including but not limited to uploading or making available files containing corrupt data or viruses via whatever means)).
[If, on registration to the Site (or on amendment of your registration details), you provide us with your work, school, college, university or other non-personal email address you are confirming that you are entitled to receive emails at that address. You also agree that we may stop sending any emails to that address without notifying you if we receive a request from your employer or educational establishment (or otherwise) to stop sending emails to that address.
We reserve the right for any reason to refuse access to the Site, suspend or terminate your account or remove or edit content.
The Site may contain links to websites owned or operated by parties other than us. Such links are provided for your convenience only. If you use these links, you may leave the Site or, alternatively, the link and third party website content may be framed within the Site. We have not reviewed all of these third party websites or such framed content, and do not control, and are not responsible for their operation nor for the content on or privacy policies on, or the security of, such websites. Without limiting the above, we specifically disclaim any responsibility if such websites:
- infringe any third party's intellectual property rights, are inaccurate, incomplete or misleading;
- are not of acceptable quality or fit for a particular purpose;
- do not provide adequate security; and/or
- contain viruses or other items of a destructive nature; or are libellous or defamatory.
We do not endorse or make any representations about the content or any products or services available on such websites or any results which may be obtained by using them. Unless otherwise specified you acknowledge that we are not associated with the operators or administrators of such websites. If you access such websites or establish a link to such websites or the Site, you do so at your own risk and without our permission.
While it is our goal to minimise disruption caused by technical errors, we do not guarantee that the Site will operate uninterrupted or error-free or that defects will be corrected.
While the Content on the Site may include inaccuracies or typographical errors, if errors are brought to our attention, we will try to correct them. Please contact us at firstname.lastname@example.org to notify us of any errors so that we can correct them. We reserve the right to make changes periodically to the Site at any time and without notice. However, we make no commitment to regularly update the information contained in the Site. While we use reasonable efforts to ensure that the information contained within the Site is correct, you should be aware that the information it contains may be incomplete, incorrect, or may have become out of date.
Information, advice and opinions expressed in the Site are of a general nature only and are not intended to address the specific circumstances of any particular individual or entity. It should not be relied upon for personal, legal, financial or other decisions. If you need specific advice, you should always consult a suitably qualified professional for advice tailored to your situation.
All content (including the information, names, images, pictures, logos and icons regarding or relating to us, our products and services (or to third party products and services)) and all publications, products and services are subject to change and are provided to you "as is" and on an "as available" basis without any representations of any kind or warranty made of any kind (whether express or implied by law) to the extent permitted by law, including, but not limited to, the implied warranties of suitability, satisfactory quality, merchantability, fitness for a particular purpose, non-infringement, compatibility, security and accuracy, save that nothing in these Terms shall affect your statutory rights as a consumer.
Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Without limiting the foregoing, we neither warrant nor represent that your use of any Content will not infringe the rights of any third parties nor that the Content will be accurate, complete or up-to-date.
We assume no responsibility for any information not provided on the Site or for the failure of any of our services offered on the Site.
Your use of the Site (including without limitation your downloading of any data) is at your own risk. To the fullest extent permissible by law, we exclude our liability and that of our directors, officers, employees, agents, subsidiaries, affiliates, sub-contractors and any other party involved in creating, producing, or delivering the Site for any of the following losses or damage (whether such losses were foreseen, foreseeable, known or otherwise): (a) loss of data; (b) loss of revenue or anticipated profits; (c) loss of business; (d) loss of opportunity; (e) loss of goodwill or injury to reputation; (f) losses suffered by third parties; or (g) any direct, indirect, punitive, incidental, special, consequential or any other damages of any kind arising out of or in any way connected with its products or services, the use of or access to the Site, its service booking facilities or content, or the inability to use the Site or its service booking facilities, any websites linked to the Site, its service booking facilities or the content of such websites (including without limitation the inadvertent downloading of computer viruses from the Site or from e-mails sent from the Site that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Site or your downloading of any material from the Site or any websites linked to the Site), whether based on contract, tort (including negligence), strict liability or otherwise, even if advised of the possibility of any such damages. Nothing in these Terms is intended to limit or exclude your statutory rights as a consumer (if any).
If your use of material on the Site results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
If you are dissatisfied with any portion of the Site your sole and exclusive remedy is to discontinue using it.
You agree to indemnify us against any claims, demands or proceedings brought against us by any third parties if they are a result of your use of the Site or its online booking facilities or your other actions or omissions or where we suffer any loss or damage as a result of your breach of these Terms. Your use of the Site includes any use by third parties where those parties access the Site using your computer.
We reserve the right (at any time and without notice) to change these Terms by updating these pages online. You are bound by any such revisions and should therefore periodically visit this page to review the current Terms. These Terms cannot be altered by you unless agreed in writing by us.
These Terms refer only to your use of the Site. Separate terms and conditions may apply to products and services sold through the Site website terms and conditions of purchase of Services on-line [NB include hypertext].
If there is a conflict between the Terms and any specific rules and/or terms and conditions which: (i) appear elsewhere on the Site and are stated to take precedence; or (ii) form part of a separate agreement between us and you, those other terms will take priority.
These Terms and any document expressly referred to in them represent the entire agreement between us in respect of your use of our Site.
If we decide to waive any breach of obligation arising under these Terms, then that does not mean that we have waived any other breach or any future breaches.
If at any time any part of the Terms are determined to be invalid, illegal or unenforceable in any respect pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations above, then that invalid, illegal or unenforceable part shall be severed from the remainder of the Terms and the validity, legality and enforceability of the remainder of the Terms shall not be affected or impaired in any way. Further, the invalid, illegal or unenforceable part will be deemed superseded by a valid, legal or enforceable part that most closely satisfies the intention of the original part. The validity, legality and enforceability of the remainder of the Terms shall not be affected or impaired in any way.
A printed version of the Site and these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings.
These Terms are not enforceable under the Contracts (Rights of Third Parties) Act 1999 by any person not a party to them.
These Terms and your use of the Site shall be governed by and construed in accordance with the laws of England. The courts of England will have exclusive jurisdiction over any and all disputes arising out of, relating to or concerning these Terms and/or the Site.