1. Introduction

1.1 Please read these Terms and Conditions carefully before using the www.theelders.org website ("the Website") operated by The Elders Foundation, a company limited by guarantee registered in England and Wales, registered company number: 06317151 and a charity registered in England and Wales, registered charity number: 1132397.

1.2 References to "The Elders", "our", "we" or "us" in these Terms and Conditions are references to The Elders Foundation.

1.3 By using or accessing the Website, you agree to be legally bound by these Terms and Conditions.

1.4 If you do not wish to be bound by these Terms and Conditions then you may not use the Website.

 

2. Nature of the Website

2.1 The Website:

2.1.1 provides information about The Elders, the work we carry out, and our supporters;

2.1.2 provides you with on-line resources, information and news; and

2.1.3 enables you to register for our newsletter and send us your comments and questions.  

 

3. Website Use

3.1 You may not alter the Website in any way or post onto or transmit to the Website any material containing software viruses or files which may damage or disrupt the good working order of computer or telecommunications equipment.

3.2 The Elders reserves the right at any time and without prior notice to replace or amend these Terms and Conditions by posting amendments or a new set of terms and conditions on the Website. Your continued use of this site after amendments or a new set of terms and conditions are posted constitutes your acceptance of these Terms and Conditions as modified. You should therefore visit this page frequently to review the Terms and Conditions.

3.3 You must be over 18 or have parental consent to view or use the Website, create a Profile and/or contribute content.

3.4 Any information about yourself that you provide to us or post on the website must be true.

3.5 If you have been issued with or created access code(s), such as user ID or passwords, to access restricted areas of the Website, you must keep all access codes secret and must not allow any other person or organisation access to the Website by using your access codes. You must notify us immediately of any unauthorised use of your access codes.

 

4. Accuracy

4.1 The Elders does not guarantee that the information contained in the Website is accurate, comprehensive, verified or complete, and accepts no liability if any person or organisation relies on or uses the information.

4.2 The Elders does not guarantee that the functions or materials accessible from or 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 are free of viruses or faults.

 

5. Information you provide to us

5.1 Any information you provide to us through the Website will be treated in accordance with our Privacy Policy.

 

6. Applicability of online materials

6.1 The Website is controlled and operated by us. Where content on the Website is supplied by others we do not control or endorse such content in any way.

6.2 We have used reasonable endeavours to ensure that the Website complies with UK laws, but cannot ensure that it is appropriate or available for use in every territory outside the UK. Those who visit the Website from other territories are responsible for compliance with all applicable laws. If use of the Website and/or viewing of it, or use of any material or content on the Website or services, are contrary to or infringe any applicable law in your jurisdiction(s), you are not authorised to view or use the Website and you must exit immediately.

 

7. Copyright and monitoring

7.1 The contents of the Website are protected by international copyright laws and other intellectual property rights.  The owner of these rights is The Elders, its affiliates or other third party licensors.   No content from the Website may be copied, used or reproduced without our written consent and the written permission of the owners of the intellectual property rights in the content. Please send your written requests to use content from the Website using the email form on the Media Request page.

 

8. Creating a Profile and User Generated Content

8.1 When you create a Profile on the Website you will provide us with your first name and last name, email address, password, the country you live in and such other information that we require.  You agree that this email address can be used by The Elders to contact you and can be entered on The Elders' mailing lists.  

8.2 You must not post or upload any content to the Website that breaches any law, whether criminal, tortious or otherwise or that is offensive, threatening, defamatory, vulgar, obscene, harassing, false, misleading or unreliable, or that brings or is likely to bring the Website, The Elders or its name into disrepute.

8.3 You agree to only contribute content to the Website that does not infringe any third party rights (including rights of privacy or publicity).

8.4 You will indemnify The Elders against all proceedings, actions, damages, legal costs (including but not limited to legal costs and disbursements on a solicitor and client basis) expenses and any other liabilities arising from the use by The Elders of any material or content you post to the Website which involves any infringement or alleged infringement of the rights (including rights of privacy or publicity) of any other person, or which breaches  any of the provisions of the Terms and Conditions.

8.5 Using your access to the Website to send unsolicited bulk email or spam to other users or place material on the Website for your own business or commercial purposes is forbidden.

8.6 We reserve the right to suspend or terminate your access to the Website immediately if materials posted by you on the Website are deemed by us to be in breach of these Terms and Conditions or unsuitable in any way.

8.7 We reserve the right to edit, or require you to edit, material posted by you on the Website if it is deemed by us to be in breach of these Terms and Conditions or unsuitable in any way.

8.8 Any material you post or transmit to the Website may be used by The Elders for any purpose, including but not limited to reproduction, disclosure, transmission, publication and broadcasting. The Elders is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Website for any purpose whatsoever.

8.9 If your access to the Website is terminated or suspended for any reason, you must not attempt to create a new profile (including re-registering with a new username and e-mail address) or access the Website without our prior consent.

8.10 You are wholly responsible for all materials posted on the Website using your name or email address.

8.11 You grant other users of the Website a non-exclusive licence to view the content you post or upload to the Website, subject to these Terms and Conditions.

 

9. Linked sites

9.1 The Elders makes no representations whatsoever about any other websites.
When you access any website through the Website you understand that it is independent from The Elders and that we have no control over the content or availability of that website, or the services offered through the website.  

9.2 A link to any other website through the Website does not mean that The Elders endorses or accepts any responsibility for the content, or the use of, such a website and The Elders shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other website or resource.  Any concerns regarding any external link should be directed to its website administrator or webmaster.

 

10. Liability

10.1 In circumstances where you suffer loss or damage arising out of or in connection with the use of the Website, we accept no liability for this loss or damage.

10.2 Notwithstanding clause 10.1, if we are liable to you for any reason, our liability will be limited to £200.  This limit does not apply to any liability we may have for death or personal injury resulting from our negligence or from our fraudulent misrepresentation.

10.3 You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use the Website and is compatible with the Website.  We do not guarantee that any material available from the Website will be free from infection, viruses and/or other code that has contaminating or destructive properties.  You are responsible for implementing sufficient procedures and virus checks to satisfy your requirements.

10.4 The limitations and exclusions in this clause do not affect your non-excludable statutory rights and only apply to the extent permitted by applicable law.

 

11. General

11.1 We may assign, transfer, novate or subcontract any or all of our rights and obligations under these Terms and Conditions at any time.

11.2 These Terms and Conditions, together with the Privacy Policy are the whole agreement between you and The Elders.  You acknowledge that you have not entered into this agreement in reliance upon any statement, warranty or representation made by The Elders or any other person and you irrevocably and unconditionally waive any rights to claim damages and/or to rescind these Terms and Conditions by reason of any misrepresentation (other than a fraudulent misrepresentation) that is not contained in the Terms and Conditions or Privacy Policy.

11.3 If any provision or term of these Terms and Conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other Terms and Conditions and shall be deemed to be deleted from them.

11.4 These Terms and Conditions and your use of the Website are governed by English law and you submit to the non-exclusive jurisdiction of the English courts.

11.5 Except in respect of a payment obligation, neither you nor The Elders will be held liable for any failure to perform any obligation to the other due to causes beyond your or The Elders' respective reasonable control.

11.6 Failure or delay by either party enforcing an obligation or exercising a right under these Terms and Conditions does not constitute a waiver of that obligation or right.

11.7 These Terms and Conditions do not confer any rights on any person or party (other than you and/or us) pursuant to the Contracts (Rights of Third Parties) Act 1999.

 

12. Notices

12.1 All notices shall be given:

12.1.1 to us via e-mail using the form on the Contact page; or

12.1.2 to you at the email address you provide when using the Website or subsequently update.

12.2 Notice will be deemed received when an e-mail is received in full (or else on the next business day if it is received on a weekend or a public holiday in the place of receipt).

 

The Elders Foundation
A company limited by guarantee registered in England under number 06317151
Registered charity in England and Wales, Reg. No. 1132397
3 Tilney Street, London, W14 1BJ