Website Terms and Conditions
Thank you for visiting the MND Charter website.
By using websites owned and operated by the MND Association or its affiliates, you are agreeing to comply with and be bound by the following terms and conditions of use that may change at any time.
1.1 “The MND Association” means The Motor Neurone Association.
1.2 “The website” means http://www.mndcharter.org and any website or digital channel under the ownership or control of MND Association from which a link has been created to these terms and conditions.
1.3 “You”, “user”, “yours” and “your” means the person(s), firm, company or organisation accessing the website.
1.4 “Us”, “our” and “we” means the MND Association.
1.5 “Material” and “content” means information, data, text, graphics, video, audio, images, links or programming code contained or available on our website.
1.6 “Terms and conditions” means the terms and conditions set out below.
1.7 “Contribution”includes any material, comments or information that users of the website contribute to the website.
2. INFORMATION ABOUT US
2.1 The MND Association is a registered charity (registered charity number 294354) registered in England and Wales with registered office at David Niven House, 10 -15 Notre Dame Mews, Northampton, NN1 2BG.
2.2 The MND Association maintains this website to provide information and support to its members and supporters.
3. ACCESS AND USE OF OUR WEB SERVICES
3.1 WEBSITE USE
Except as permitted in these Terms and Conditions , you may not alter the website in any way or do anything that might or will damage or disrupt the good working order of the website or our equipment or software.
You agree that we may at any time and without prior notice to you replace or amend these Terms and Conditions. Your continued use of this Website after amendments are made means you accept the Terms and Conditions as updated. You should therefore visit this page regularly to review the Terms and Conditions.
You agree to use the website only for lawful purposes. You may not use it:
(a) in any way that breaches any applicable local, national or international law or regulation;
(b) to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (including spam or junk messages) to other users of the website;
(c) to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
(d) in any way which is likely to, or does, damage our reputation;
(e) to reproduce, duplicate, copy or re-sell any part of the website in contravention of these terms and conditions or the Rules;
(f) to gather information for surveys and research studies, or similar, unless prior permission has been given by the MND Association;
(g) to access without authority, interfere with, alter, damage or disrupt any part of the website, or any equipment or network on which the website is stored;
In no event will we be liable for any damages, including indirect or consequential damages, or loss of profits arising from or in connection with the use or loss of use of our website.
We do not claim that this website or any of the content will be uninterrupted or error free, or that this website or the server that makes it available are free of viruses and bugs. You are responsible for ensuring that your computer is suitable for using the website.
If we are liable to you for any reason in connection with the website, 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 fraudulent misrepresentation).
The material and information made available on the website is provided without any guarantees, conditions or warranties as to its accuracy. We accept no liability for your use or reliance on information on this website.
Any reference to third party organisations, their product/s or service/s does not imply endorsement by the MND Association.
3.4 MEDICAL INFORMATION
We make every effort to ensure that the information on the website is accurate. We make no guarantee as to, and assume no responsibility for, the correctness, sufficiency or completeness of such information or recommendation.
The website is not a substitute for professional advice. You should consult your doctor, or other relevant professional, before making any decisions that could affect you or others.
3.5 OTHER WEBSITES
We take no responsibility for the content of any external websites we link to. The existence of a link from any organisation’s site to the MND Charter website does not imply that we endorse the activities or views of that organisation. The MND Association will not be liable for any content or any of the goods or services on any third party website or websites.
The Interactive Advertising Bureau provides in-depth information about cookies. Their website at http://www.allaboutcookies.org also tells you how to remove cookies from your browser. Please note that if you remove our cookies, you may not be able to use our site as effectively.
5. INTELLECTUAL PROPERTY RIGHTS
MND Association is the owner or the licensee of all intellectual property rights on the website.
5.1 By submitting a Contribution to the website you agree to grant the MND Association a non-exclusive worldwide royalty-free perpetual non-revocable licence to use your Contributions. Although you will still own the copyright in your Contribution, MND Association will have the right to distribute, adapt, modify, display, reproduce and transmit such information in any and all media without any duty to account to you. You also grant the MND Association the right to grant licences to users of the website to view and copy such information for personal use and to grant any other sub-licences.
5.2 You agree that you will not submit any Contribution protected by copyright, trade mark, patent, trade secret, moral right, or other intellectual property, personal, contractual, proprietary or other right owned by a third party without the express permission of the owner of the respective right. You are solely responsible for any damage resulting from your failure to obtain such permission or from any other harm resulting from any Contribution that you submit.
5.3 If you are not in a position to grant the licence described in clause 5.2, or the assurance in clause 56.2 please do not submit any Contributions to the website.
5.4 You must not publish or use for commercial purposes any part of the materials on the website without obtaining written consent from us.
6. SUSPENSION AND TERMINATION
We will determine, in our discretion, whether there has been a breach of these Terms and Conditions through your account. When a breach of these Terms and Conditions has occurred, we may take such action as we deem appropriate including but not limited to:
6.1 immediate, temporary or permanent withdrawal of your account;
6.2 immediate, temporary or permanent removal of any posting or material uploaded by you to the website; or
6.3 legal proceedings against you for reimbursement of all costs on an indemnity basis resulting from the breach.
We may assign, transfer, replace MND Association or subcontract any or all of our rights and obligations under these Terms and Conditions at any time.
If any term of these Terms and Conditions is illegal, invalid or unenforceable for any reason, the remaining terms shall continue to be valid.
These Terms and Conditions and your use of the website are governed by English law and you are subject to the non-exclusive jurisdiction of the English courts.
Except in respect of a payment obligation to MND Association, neither you nor MND Association will be held liable for any failure to perform any obligation to the other due to causes beyond your reasonable control.
Failure or delay by either party to enforce an obligation or exercise a right under these Terms and Conditions shall not be a waiver of that obligation or right.
8.1 All contact or notices to be given in relation to these Terms and Conditions or your use of the Website shall be given:
8.1.1 to us via e-mail to firstname.lastname@example.org or MND Association, PO Box 246, Northampton NN1
8.1.2 to you, via these Terms and Conditions
8.2 Notice will be deemed received when an e-mail is received in full.
9. THIRD PARTY PRODUCTS AND SERVICES
Reference to any specific commercial products and services by trade name, trademark, manufacturer, supplier or otherwise, does not constitute or imply its endorsement, recommendation, or favouring by the Motor Neurone Disease Organisation.
The Association does not assure the quality or suitability of any products or services advertised or offered for sale by third parties and accepts no liability to users of any third party products or services. We make no recommendation or endorsement that any such third party product or service is appropriate for any individual user or that it will meet your expectations or requirements.
Before purchasing or using any third party products or services, you should satisfy yourself that such product or service is appropriate for you to use or buy, and ensure you are satisfied with the pricing, terms of sale and any other relevant information. Any agreements, transactions or other arrangements made between you and any third party are your responsibility and entered into at your own risk. The exhibition of third party products or services does not in any way imply that those products or services will be provided, funded or available via the Association.
The Data Protection Act
Under the terms of the Data Protection Act 1998, we have a legal duty to protect any personal information we collect from you. We use industry standard technologies to safeguard your data from unauthorised access. It will not be disclosed to anyone outside the Motor Neurone Disease Association unless you give explicit permission, or there is a legal obligation to do so.