Website Terms of Use

Website Terms of Use

Access to and use of Childrenshappyhospitalfund.co.uk is provided by Children’s Happy Hospital fund Charity subject to the terms listed below.

Definitions

‘CHHF’ means Children’s Happy Hospital Fund charity, a charity registered under number 1110340 with its registered office at Derriford Hospital, Plymouth.

‘Website’ means www.childrenshappyhospitalfund.co.uk or link which has been created to these Terms and Conditions.

‘You’, ‘your’ and ‘yours’ means the person(s) accessing the website.’We’, ‘us’ and ‘our’ means CHHF charity.

‘Material’ means any information, data. text, graphics, links, programming code or other material published, contained or available on the Website.

Users

The Website is intended for people accessit from within the United Kingdom.  We cannot guarantee the site or the information it contains complies with or is appropriate for use in other countries.

By using the Website you agree to be legally bound by these terms, which shall take effect immediately on your first use of the Website.  If you do not agree to be legally bound by all the following terms please do not access and/or use the Website.

Changes to the Terms of Use

We reserve the right to change these Terms of Use at any time.  Please review these terms regularly to ensure you are aware of any changes made by use.  Your continued use of the Website after changes are posted means you agree to be legally bound by these Terms as updated and/or amended.  These Terms of Use were last updated 3.7.17.

Contacting us about the Terms of Use

If you are uncertain about anything in these Terms of Use please send an email to chhf@nhs.net or writ to us at Chhf, Paediatric Directorate Office, Level 12, Derriford Hospital, Plymouth, PL6 8DH.

Material

Material on the Website is provided for infomration purposes only.  Whilst every care is taken in compiling the infomration on the Website we do not make any warranties or representations as to its accuracy or reliability.  We may make changes to the Material on the Website at any time without notice.

Use of content on the Website

You may not copy, reproduce, republish, download, post, broadcaset, transmit or otherwise use the Website content in any way except for your own personal, non-commercial use.

You also agree not to adapt, alter or create aderivative work from any Website content except for your own personal, non-commercial use.  Any other use of Website content requires the prior written permission of CHHF Charity.

You agree to use the Website only for lawful purposes and in ways that do not infringe the right of, restrict or inhibit anone else’s use and enjoyment of the Website.

Prohibited behaviour includes harassing or causing distress or inconvenience to any person, transmitting obscene or offensive content or disrupting the normal flow of web traffic.

Uploading images to the Website

You are not allowed to upload images which contain or use any images or other material including text based annotations and comments, which contain any of the following:

Material which is defamatory of any person

Material which promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.

Material which is pornographic, obscene, indecent or offensive.

Material that is likely to deceive any person

Matierial that is likely to incite hatred or violence against any person or group

Material which concerns or relates to any criminal act.

Material made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence

Material which promotes any illegal activity.

Material the use or inclusion of which infringes any copyright, trademark, database or other intellectual property right of any third party.

Material which is threatening, abusive or invades another’s privacy, causes annoyance, inconvenience or needless anxiety.

Material which is likely to harass, upset, embarrass, alarm or annoy any other person.

Material which gives the impression that it emanates from CHHF charity or Plymouth Hospital Trust, if this is not the case.

Material used to impersonate any person, or to misrepresent your identity or affliliation with any person

Material that advocates, promotes or assists any unlawful act such as (by way of example only) coyrigh infringement or computer misuse.

Material that breaches any applicable laws or regulations.

Service access

Whilst we try to ensure that the Website is normally available 24 hours a day,  we shall not be liable if for any reason the Website is unavailable at any time or for any period.  Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.

Intellectual property

The names, images and logos identifying Children’s Happy Hospital Fund Charity, identifying Plymouth Hospital Trust or third parties and their products and services are subject to copyright, design rights and trademarks of Children’s Happy Hospital fund charity, Plymouth Hospital Trust and/or third parties.  Nothing contained in these Terms shall be construed as conferring by implication, estoppel or otherwise any licence or right to use any trademark, patent, design right or copyright of Children’s Happy Hospital Fund Charity, Plymouth Hospital Trust, or any other third party.

Contributions to the Website

Where you are invited to submit any contribution to the Website (including any text, graphics, video or audio) you agree, by submitting your contribution, to grant CHHF the charity a perpetual, royalty-free, non-exclusive, sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, and exercise all copyright and publicity rights with respect to your contribution worldwide and/or to incorporate your contribution in other works in any media now known or later developed for the full term of any rights that may exist in your contribution, and in accordance with privacy restrictions set out in the CHHF Charity Privacy Policy.

If you do not want to grant to CHHF Charity the rights set out above, please do not submit your contribution to the Website.

By submitting your contribution to the Website you warrant that your contribution:

is your own original work and that you have the right to make it available to the Website.

is not defamatory

does not infringe any law

You also agree to :

Indemnify CHHF Charity against all legal fees, damages and other expenses that may be incurred by them as a result of your breaking the above warranty;

waive any moral rights in your contribution for the purposes of its submission to and publication on the Website; and allow CHHF Charity to remove or alter any content that in its absolute discretion it considers to be inappropriate for any reason.

You acknowledge that it is your responsibility to keep such copies of any material you upload as you may need and that we cannot guarantee that we will retain our own copies of anything you submit.

Tributes

By creating and uploading a tribute to an individual you warrant that you are the next of kin of the individual or have the permission of the next of kin to create and upload the tribute.

Limitation of Liability

The website is provided to users “as is” and without any warranty (whether express or implied) of fitness for any particular purpose.  We make no warranty that the website will be available uninterrupted or at all.  No advice or informatioin, whether oral or written, obtained from or in relation to the Website will create any warranty not expressly made herein.

In some jurisdictions, limitation or exclusion of liability is only permitted where such limitation is fair and/or resonable.  After considering all matters, users agree that the limitations of liability set out in these Terms of Use are fair and reasonable.  Any statutory rights users may have under consumer protection legislation remain unaffected.

Privacy and data protection

We are committed to protecting your privacy online.  For information, please see our privacy policy.

Photographic images and videos

Plymouth Hospital Trust NHS ensures that the prior written consent of patients and families whose photographs it has uploaded onto the Website has been obtained.

We reserve the right to include content from external sites including but not limited to You Tube and Facebook.  We do not control the privacy practices of these other sites.  Users of such sites take full responsibility for their own content.  We use our reasonable endeavours to protect the interests of the individuals featured in the content on our Website.

If you believe that any image or video is being displayed without consent or for any other reason should be removed you should send an email to chhf@nhs.net or write to CHHF, Directorate office, Level 12, Derriford Hospital, Plymouth, PL6 5DH.

Governing Law

These Terms of Use shall be governed by the laws of England and any dispute arising from these Terms of Use or your use of the Website shall be subject to the exclusive jurisdiction of the English Courts.