Terms of Website Use

These Terms of Use were last amended October 2019

This page (together with this site’s privacy policy and documents referred below) tells you the terms on which you may make use of our website: place2be.org.uk (our "site"), whether as a guest or a registered user. Please read these terms of use carefully before you start to use our site. By using our site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our site.

1.Information about us

1.1 place2be.org.uk is a site operated by Place2Be ("we" or "us"). We are a charity with charity numbers 1040756 (England and Wales) and SC038649 (Scotland), and have our registered office at 175 St John Street, Clerkenwell, London EC1V 4LW.

1.2 We are regulated by The Charity Commission in England and Wales and by the Office of the Scottish Charity Regulator in Scotland.

2.Accessing our site

2.1 Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.

2.2 From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.

2.3 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use. Please inform Place2Be if you know or suspect that an unauthorised person has gained access to your user credentials.

2.4 You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.

2.5 In addition to paragraph 2.1 above, if you breach these Terms of Website Use we reserve the right to suspend or terminate your access to the site, or any element of the site.

3.Acceptable use of our site

3.1 You may use our site only for lawful purposes. You may not use our site:

(a) in any way that breaches any applicable local, national or international law or regulation;

(b) in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;

(c) for the purpose of harming or attempting to harm minors in any way;

(d)to bully, insult, intimidate or humiliate anyone;

(e) to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards below;

(f) to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or

(g) 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.

3.2 You also agree:

(a) not to reproduce, duplicate, copy or re-sell any part of our site in contravention of these Terms of Website Use; and

(b) Not to access without authority, interfere with, damage or disrupt:

(i) any part of our site;

(ii) any equipment or network on which our site is stored;

(iii) any software used in the provision of our site; or

(iv) any equipment or network or software owned or used by any third

party.

4.Use of our site by minors

The use of our site by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use our site that it is important that they communicate with their children about their safety online. Minors who are using our site, and in particular any interactive service, should be made aware of the potential risks to them.

5.Interactive services

5.1 We may from time to time provide interactive services on our site. Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).

5.2 We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.

5.3 Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

6.Content standards

6.1 These content standards apply to any and all material which you contribute to our site ("Contributions"), and to any interactive services associated with it.

6.2 You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.

6.3 Contributions must:

(a) be accurate (where they state facts);

(b) be genuinely held (where they state opinions); and

(c) comply with applicable law in the UK and in any country from which they are posted.

6.4 Contributions must not:

(a) contain any material which is defamatory of any person;

(b) contain any material which is obscene, offensive, hateful or inflammatory;

(c) promote sexually explicit material;

(d) promote violence;

(e) promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

(f) infringe any copyright, database right or trade mark of any other person;

(g) be likely to deceive any person;

(h) be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;

(i) promote any illegal activity;

(j) be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety;

(k) be likely to harass, upset, embarrass, alarm or annoy any other person;

(l) be used to impersonate any person, or to misrepresent your identity or affiliation with any person;

(m) give the impression that they emanate from us, if this is not the case; or

(n) advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

7.Depiction of children

7.1 To the extent that children are depicted in distressing situations (to illustrate Place2be’s work) in any photographs, images, videos or other content on our site, those children are models or actors and the situations do not depict actual situations.

8.Intellectual property rights

8.1 We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. Nothing in this site shall give by implication or otherwise any right or licence to anyone to use any trademarked word or logo of Place2Be.

8.2 You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site.

8.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

8.4 Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.

8.5 You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

8.6 If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

9.Reliance on information posted

Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.

10.Our site changes regularly

We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.

11.Our liability if you are not a consumer

This paragraph 11 only applies if you are a not a consumer. You are a consumer if in using our site you are acting for purposes which are outside your trade, business or profession.

11.1 Nothing in these Terms of Website Use limits or excludes our liability for:

(a) death or personal injury caused by our negligence;

(b) fraud or fraudulent misrepresentation;

(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title

and quiet possession); or

(d) defective products under the Consumer Protection Act 1987.

11.2 Subject to paragraph 11.1, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with your use of the site for:

(a) any loss of profits, sales, business, or revenue;

(b) loss or corruption of data, information or software;

(c) loss of business opportunity;

(d) loss of anticipated savings;

(e) loss of goodwill; or

(f) any indirect or consequential loss.

11.3 Except as expressly stated in these Terms of Website Use, we do not give any representation, warranties or undertakings in relation to our site. Any representation, condition or warranty which might be implied or incorporated into these Terms of Website Use by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that our site is suitable for your purposes.

12.Our liability if you are a consumer

This paragraph 12 only applies if you are a consumer. You are a consumer if in using our site you are acting for purposes which are outside your trade, business or profession.

12.1 If we fail to comply with these Terms of Website Use, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms of Website Use or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time of your relevant use of our site.

12.2 We do not in any way exclude or limit our liability for:

(a) death or personal injury caused by our negligence;

(b) fraud or fraudulent misrepresentation;

(c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);

(d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and

(e) defective products under the Consumer Protection Act 1987.

12.3 We only provide our site for domestic and private use. You agree not to use our site for any business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

13.Information about you and your visits to our site

We process information about you in accordance with our Place2Be Terms and Conditions. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

14.Transactions concluded through our site

Contracts formed through our site or as a result of visits made by you are governed by our Place2Be Terms and Conditions.

15.Uploading material to our site

15.1 Whenever you make use of a feature that allows you to upload material to our site, or to make contact with other users of our site, you must comply with the content standards set out above. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.

15.2 Any material you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

15.3 We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site.

15.4 We have the right to remove any material or posting you make on our site if, in our opinion, such material does not comply with the content standards set out above.

16.Viruses, hacking and other offences

16.1 You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.

16.2 By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

16.3 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.

17.Linking to our site

17.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

17.2 You must not establish a link from any website that is not owned by you.

17.3 Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out above.

17.4 If you wish to make any use of material on our site other than that set out above, please address your request to enquiries@place2be.org.uk.

18.Links form our site

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

19.Jurisdiction and applicable law

19.1 If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

19.2 If you are not a consumer, these Terms are governed by English law. This means that a Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

20.Variations

We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.

21.Your concerns

If you have any concerns about material which appears on our site, please contact enquiries@place2be.org.uk.

Thank you for visiting our site.