CANCER BUDDIES NETWORK - membership agreement
'Cancer Buddies Network' is conducted and administered by Cancer Buddies Network ('the Company') whose details are given in the terms below. Please read this membership agreement carefully as it governs your membership of 'Cancer Buddies Network' and use of the Web Site and limits the liability of the Company to you.
By clicking 'I accept' at the end of the registration screen and accessing the Web Site at cancerbuddiesnetwork.org (the 'Service') you are agreeing to the legally binding Terms that appear below.
The Terms that follow are the legal terms of your membership of 'Cancer Buddies Network'. By submitting an Application for Membership, you are offering to become a Member subject to the Terms below which offer the Company may then accept.
(A) In addition to the promises and limitations on the Company set out at clause 5 of the Terms below, it shall be an important part of our membership agreement that the Company will not be responsible for the consequences of any reliance, by you or any other person (having access to such information through you):
(i) on any medical advice or medical opinion, statement of fact or purported statement of fact that causes damage, injury or distress to any person, whether such information is obtained directly by virtue of your membership of Cancer Buddies Network or not;
(ii) on the accuracy or appropriateness of any medical opinion, advice or information, including information about treatment practices, drugs, or hospital regimes and practices appearing on the Web Site.
(B) You further promise the Company that:
(i) The disclosure of any Material (as defined below) by you to the Company which includes sensitive Data relating to any person other than yourself, has been specifically authorised by that person, as have the terms in which the disclosure is made;
(ii) You will be entirely responsible for any disclosure made by the Company to any other party where such disclosure has been instructed or authorised by you or on your behalf.
1. Definitions and Interpretation
|'Acceptance'||means the acceptance by the Company of your Membership subject to these terms;|
|'Content'||means all images, text, designs, symbols or information in whatever format which is accessible on the Web Site but Content does not include Member's Information;|
|'Data'||means any Personal Data as defined by and controlled by the Data Protection Act 1998;|
|'Material'||means any information, Data or any other material in any form made available to the Company by use of your ID, including such information, Data or other material as may be contained in a Member Application;|
|'Member Application'||means the application for Membership of Cancer Buddies Network when made in the approved or prescribed form and including all the information provided therein;|
|'Member's Information'||means any images, text, designs, symbols or information (including Data) of any nature which is contained in any Member Application or is made available by any User to the Company;|
|'Members'||means all those persons who have been accepted by the Company to become a member of Cancer Buddies Network and the term 'Membership' shall be construed accordingly;|
|'Permission'||means an authority to disclose Material;|
|'Rules for the Forum'||means the rules set out on the website bearing that title;|
|'Subscription Fee'||shall be the sum of £0 or such sum as notified on the Web Site from time to time;|
|'Web Site'||means all those internet pages available through the cancerbuddiesnetwork.org domain name;|
|'Writing'||means written, printed, typewritten, lithographed or expressed in any other mode (including, without limitation, electronic communication) representing or reproducing words, or partly one and partly another.|
References to 'you' and 'your' are to you as an individual.
2.1 The Web Site is provided by Cancer Buddies Network (the 'Company'). Membership is open only to those persons capable at law of making a binding agreement subject to the terms contained in this Agreement. Once accepted for Membership, you will be sent Membership details in order to gain access to the full range of facilities made available to Members through the Web Site (collectively referred to as the 'Benefits of Membership').
2.2 You acknowledge that you have provided the Company with accurate and complete information in the Application for Membership and that it is your responsibility to update the Company with any changes to that information (including your email address) by updating your member profile.
2.3 Each Member Application shall only be an application for a single individual Member, the Member being that person whose details are included in the Application for Membership. By sending to us the information contained in the Application for Membership, you promise to the Company that you are the person identified in the Application.
2.4 If accepted for Membership, you will be allocated a user name and password ('ID'). On each visit to the Web Site you must input your ID in order to access the Benefits of Membership. You may choose to authorise a relative or friend to use your ID. Any person accessing the Web Site under your ID, including yourself, shall be the 'Users' of your membership. You are responsible for all Users of the Web Site and for preventing use of your ID that is not authorised by you. You must ensure that your Users comply with the terms of this membership agreement and all reasonable user terms made available on the Web Site.
2.5 If you believe there has been any breach of security such as the improper disclosure, theft or unauthorised use of your ID, you must notify the Company immediately by using the CONTACT US link. If the Company reasonably believes that your ID is being used in any way which is not permitted by this membership agreement, the Company reserves the right to suspend access rights immediately on giving notice to you and to block access from your ID until the issue has been resolved.
2.6 The Company reserves the right, at its discretion, to make changes to any part of the Web Site and any of the Benefits of Membership even if such changes do materially reduce the content or functionality of the Web Site.
2.7 Following your acceptance of this membership agreement, we will forward your user name and password to you. You may then access the Benefits of Membership subject only to continuing to satisfy the requirements under clause 4 below regarding Subscriptions.
2.8 As Membership of Cancer Buddies Network allows you to utilise services, you will only be able to cancel your Membership where provided for in these terms once we have made those services available to you by sending you your ID.
3. Limits on Rights to Use Content
3.1 All material displayed on the Web Site belongs to the Company or its licensors. Subject to clause 3.2, any of your Users may:
3.1.1 retrieve and display the Content on a computer screen;
3.1.2 print individual pages on paper and store such pages in electronic form on disk and on your PC (but not on any other server or other storage device connected to an external network).
3.2 Most of the Content in the Web Site is owned by the Company but certain content is used under licence from third parties ('Third Party Content') and will be the intellectual property of those third parties. Some of the Third Party Content will be subject to additional restrictions — the relevant copyright notice will make it clear where that is the case.
3.3 You may not (without contacting us to obtain prior written permission):
3.3.1 redistribute any of the Content (including by using it as part of any library, archive or similar service);
3.3.2 remove the copyright or trade mark notice from any copies of the Content made under this agreement;
3.3.3 create a database in electronic or structured manual form by systematically downloading and storing all or any of the Content; or
3.3.4 except as expressly set out above, modify, reproduce or in any way commercially exploit any of the Content.
3.4 Copyright in any software that is made available for download on the Web Site ('Software') belongs to the Company or its suppliers. Your use of the Software is governed by the terms of any licence agreement that may accompany or be included with the Software.
4. Company’s Power with Regards to Material
4.1 You are responsible for ensuring that Member’s Information (which is made available to the Company in your Member Application and by use of your ID):
4.1.1 does not infringe the intellectual property or other rights of any person or body corporate and is not capable of such infringement;
4.1.2 does not contain anything which may amount to a criminal offence, or which is in breach of any contract or is capable of giving rise to an action in tort by any party;
4.1.3 is not offensive, threatening, abusive, discriminatory, obscene, pornographic, false, libelous, defamatory, untruthful or which may mislead any person;
4.1.4 does not bring the Company into disrepute, and is not likely or capable of bringing the Company into disrepute;
4.1.5 does not breach your promises made at IMPORTANT INFORMATION (B) above, and you agree to indemnify and hold harmless the Company against any losses, damages, penalties, interest, costs or expenses.
4.2 You acknowledge and agree that, if the Company so determines, it may withdraw or prevent the publishing of any Member’s Information or part of any Member’s Information which appears to the Company to be in breach of the promises you make in clause 4.1. You further agree that, where the Company does exercise its power under this clause, the Company shall have no liability to you or any person who has created or forwarded the Member Information.
4.3 You irrevocably consent and agree that the Company is under no duty or obligation to you to publish, make available to any party or forward any Material, or to facilitate the publication, forwarding or making available of such Material (whether it is contained in Member’s Information or not) if it considers, in its sole discretion, that the said Material is or may be submitted to the Company in breach of clause 4.1.
4.4 When exercising its discretion under 4.3 above, the Company shall be under no obligation to you or any of your Users to provide any information to you or your Users or to make known to you by any means that it has exercised its discretion. However, the Company will endeavour to provide a response in Writing as soon as is reasonable in the circumstances where Material (in whole or in part) has been subject to the exercise of the Company’s discretion.
4.5 The Company shall be relieved of any duty or obligation to make a response under clause 4.4 above, if in its view, the Material is obscene, trivial, intended to offend or shock or is likely to do so.
5. The Company’s Promises and limitations on its Liability
The following is without prejudice to the exclusions of liability given at IMPORTANT INFORMATION above.
5.1 The Company shall use all reasonable skill and care in making the Benefits of Membership available to you and in ensuring its availability during your Membership subject to the below.
5.2 The Benefits of Membership may change from time to time and the Company reserves the right to change them with or without notice to the Members.
5.3 The Company does not warrant or guarantee in any way the continued or proper functioning of the Web Site and in any event shall not be liable for any loss or damage, howsoever caused, directly or indirectly by circumstances beyond the reasonable control of the Company and which prevents the Company from performing its obligations to you as a Member or to the Members generally or their Users.
5.4 Further to the foregoing, the liability of the Company, whether under this membership agreement, from negligence of the Company, its agents or employees, or otherwise, shall be excluded or limited as follows:
5.4.1 The Company shall not be liable for the disclosure of any Material where there has been a Permission for the release of that Material or for release of any Material that took place under a Permission but before the Company received a withdrawal of that Permission;
5.4.2 The Company shall not be liable for the disclosure of any Material in good faith where the Permission is vague or unclear and the making of the disclosure was not unreasonable in all the circumstances;
5.4.3 For any other liability, the aggregate liability arising from any single event or series of connected events shall be the total of the Subscription already paid under this Agreement (if any) in the twelve months prior to the event, and shall not be liable for economic loss, loss of business, or loss of Data or for any indirect or consequential losses.
5.4.4 Nothing in the membership agreement shall be construed as limiting or excluding any liability arising from death or personal injury to persons caused by negligence, or for fraudulent misrepresentation, upon which liability there shall be no limit.
5.5 Because of the number of sources from which the Company obtains the Content and because of the nature of the Internet and archived information, errors and omissions do occur and the Company does not give any other warranties in respect of the Content. In particular, the Company cannot and does not warrant:
5.5.1 the accuracy of any information in the Content;
5.5.2 that the Web Site is free from infection by viruses or anything else that has contaminating or destructive properties.
5.6 All implied warranties are excluded from this Agreement to the extent that they may be excluded as a matter of law.
5.7 The Company will control the behaviour of the Members of Cancer Buddies Network to the extent that it is reasonable to do so in all the circumstances but the Company will not be liable for the behaviour of any Member or the User of any other Member towards you or your Users unless personal injury or death was caused by the negligence of the Company.
5.8 The Web Site contains links to other web sites and resources, either directly or through frames and, where possible, the Company will make clear where such links are being made. Independent third parties provide these sites and the Company is not responsible and shall not be liable for the availability or content of these outside resources.
6. The Company, the Material and Data
6.1 The Company undertakes that it shall only process any Data in the Material to the extent necessary for the proper performance of Cancer Buddies Network or as confirmed in writing by you.
6.2 By accepting the terms of this membership agreement, you authorise the Company to make available such of the Material as you have specified in your Member Application or by any subsequent (acknowledged) request in writing.
6.3 The Company shall take appropriate technical and organisational measures against:
6.3.1 unauthorised or unlawful processing of any Data contained in the Material; and
6.3.2 accidental loss or destruction of, or damage to, such Data, so that, having regard to the state of technological development and the cost of implementing any measures, the measures taken ensure a level of security appropriate to:
(a) the harm that might result from such unauthorised or unlawful processing or accidental loss, destruction or damage in relation to the Data; and
(b) the nature of the Data to be protected.
6.4 The Company shall take all reasonable steps to ensure the reliability of any agents or employees who may have access to the Data.
6.5 A Member shall remain the owner of any intellectual property or other rights subsisting in the Material. You agree that you are granting a royalty-free non-exclusive licence to the Company for the use of all intellectual property in the Material for the full term of your Membership but limited to use only for the purpose of providing the Benefits of Membership in accordance with this membership agreement.
6.6 The Company shall not process the Data nor allow any third party to process the Data for any other purpose.
8.1 All notices shall be given to the Company via email at firstname.lastname@example.org or to you at the email address you provide on your Membership Application.
8.2 Notice will be deemed received when an email is received (or else on the next business day if it is received on a weekend or a public holiday in the place of receipt) or 3 days after the date of posting.
9.1 Membership may be terminated by you if you give the Company at least 14 days written notice.
9.2 If we reasonably believe you are in breach of any of these Terms we may suspend your Membership and prevent you or any of your Users from having access to the Benefits of Membership at any time for a period that may continue until the following Subscription payment falls due.
9.3 If any breach of these Terms amounts to a breach of clause 4.1 above, the Company may terminate your Membership forthwith and all rights and privileges of you or your Users will be withdrawn and cease on the giving of the notice.
9.4 You may terminate your Membership if the Benefits of Membership are discontinued or if we are in material breach of this agreement and the breach is not remedied within the period of 14 days after you have sent written notice of the breach to us.
10.1 The Company may transfer and / or assign its rights and/or obligations under this membership agreement. This will not affect your rights. However, you may not transfer any of your rights or obligations under this membership agreement.
10.2 Save as allowed in respect of your Users, nothing in this membership agreement shall confer your rights on any other person.
10.4 This membership agreement shall be governed by English law.
10.5 We will try to solve any disagreements quickly and efficiently. If you want to take court proceedings in relation to this membership agreement you must do so in the United Kingdom.