We have drawn up these community rules for your safety, and to keep the BTA communities a healthy and constructive environment for discussion, advice and support.
1 Acceptance of Terms
1.1 This is the www.tinnitus.org.uk website (the “Website”) which is owned by British Tinnitus Association of Unit 5, Acorn Business Park, Woodseats Close, Sheffield S8 0TB (“we”, “us”, “our”).
1.2 Your access to and use of the Website and any other online community or forum managed by us but accessible via a third party website (eg, an “Online Forum”), including without limitation our Facebook group is subject exclusively to these Terms and Conditions and, where applicable the terms and conditions of the provider of the relevant Online Forum (“Forum Terms”). Please read these Terms and Conditions and where applicable the Forum Terms carefully.
1.3 By using the Website or an Online Forum and/or by registering as a member with the Website or an Online Forum (“Membership”) you are fully accepting these terms and conditions and our Privacy Policy, Cookies Policy and Confidentiality Policy which sets out how we process your personal information. If you do not accept these Terms and Conditions you shall not be entitled to use the Website and/or any Online Forum, where applicable.
1.4 We may change these Terms and Conditions at any time, and your continued use of the Website and/or any Online Forum following any changes shall be deemed to be your acceptance of such changed Terms and Conditions.
2 Users
2.1 To use the Website and/or any Online Forum you must be over 16 years of age. If you are under 16 years of age you must get permission from a parent or guardian before registering to the Website and/or contributing to any Online Forum. The parent or guardian should contact our Communications Manager at [email protected] or on 0114 250 9933 to give that permission.
2.2 Only one registration shall be permitted per individual user. Multiple user memberships are not permitted.
3 Rules of Use
3.1 When you register to the Website and/or, where applicable an Online Forum, you may be asked to choose a name that will be visible to other users of the Website or Online Forum, as applicable (your “Member Name”). You agree that your Member Name must not:
(a) contain any website or email addresses;
(b) contain contact information e.g. phone numbers, addresses, postcodes etc.;
(c) impersonate or appear to impersonate someone else; and/or
(d) contain swear words or words or phrases which are otherwise offensive or objectionable.
For the avoidance of doubt, whilst you will be allowed to use an alias as your Member Name and shall be allowed to post content via the Website and/or Online Forum using that alias, you understand and agree that posting content under multiple identities is not allowed.
3.2 You understand and agree that you shall:
(a) keep your registration and account details secure and confidential, including but not limited to your Member name and password, and shall not share or disclose such information to any third party;
(b) not use the Website or any Online Forum in any unlawful manner or in any manner that could disable, damage or be otherwise harmful to the Website or relevant Online Forum or any part thereof;
(c) be solely responsible for all content and material, whether of an audio or visual nature and including but not limited to words, pictures, blogs, comments, biographies and case studies (“Content”) posted on, by or via the Website or an Online Forum (as applicable) through your user account;
(d) not post any Content on the Website nor via an Online Forum which:
(i) is in any way offensive, harmful, unpleasant, inappropriate, threatening, fraudulent, defamatory, abusive, discriminatory, false, libellous, unreliable, misleading, harassing, intimidating, infringing, obscene or otherwise objectionable (each being an “Objectionable Nature”), including without limitation swear words or other language which is likely to offend;
(ii) is unlawful or which encourages or assists others to commit unlawful activity;
(iii) advertises or promotes goods or services for profit or gain;
(iv) infringes any third party’s rights including, without limitation, the copyright or any other intellectual property rights of any third party;
(v) impersonates or attempts to impersonate a third party or misleads others as to your identity;
(vi) contains any personal or private information regarding any third party, including but not limited to addresses, phone numbers, email addresses, financial information or passwords;
(vii) contains any links to third party websites which are or could reasonably be considered to be or to contain content of an Objectionable Nature; or
(viii) you do not have the necessary permission, licence or authority to post;
(ix) describes or encourages activities which could endanger the safety or well-being of others;
(x) is intentionally off-topic for the particular section of the Website community;
(xi) is ‘spam’ – i.e. posts containing the same, or similar, message posted multiple times;
(e) not use the Website nor any Online Forum (as applicable) in any manner which could be deemed to be of an Objectionable Nature;
(f) in the event that you become aware of any Content on the Website and/or an Online Forum which is or could be considered to be of an Objectionable Nature, promptly notify us in writing of such (which shall include notice by email for the purposes of this clause); and
(g) abide by the terms of any notices displayed on the Website or relevant Online Forum (as applicable) in respect of any Content including without limitation confidentiality notices and any other notices regarding disclosure and/or use of certain Content.
4 Provision of the Website
4.1 We agree that we shall provide the Website using reasonable skill and care. However, we do not warrant that the Website nor any Online Forum will be continuously available or have an internet presence at all times and we shall not be responsible or liable in any way for any costs and/or inconveniences caused by the Website or an Online Forum at any time being unavailable. We may at any time and without notice to you, suspend, restrict or withdraw your access to the Website and/or an Online Forum, in whole or in part, either on a permanent or temporary basis.
4.2 We do not represent or warrant that the Website nor an Online Forum or any of the Content featured on such is reliable, complete, current or error-free or that it is free of viruses or other harmful components and you should ensure that you exercise caution in the access, use and downloading of any Content or other such information, material or software from such. Any such access, use, downloading or other means of obtaining Content or other material from or through the Website or an Online Forum by you is at your own discretion and risk.
4.3 We shall be entitled at any time to remove or change (temporarily or permanently) the Website and/or any Online Forum or any part thereof, including without limitation any Content or other material (including without limitation Content posted by you) on the Website or Online Forum which we deem to constitute a breach of the Rules of Use or for any other reason.
4.4 Where links to third party websites form part of the Content, we shall not be responsible and shall not accept any liability for the accuracy, reliability and/or content of the linked website or any link contained in a linked website. To the fullest extent permitted by law, we shall not be liable for any loss or damage arising from your use of any such linked website.
4.5 You acknowledge that we do not monitor the Content of the Website however where you notify us in writing regarding Content on the Website or an Online Forum in accordance with condition 3.2(f) above, we will review the Content in question and where we, in our sole discretion, deem it necessary or desirable, we shall use reasonable endeavours to remove or alter the relevant Content so that it complies with these Terms and Conditions.
4.6 You acknowledge that we do not create or guarantee any back up or record of any Content or other material posted on the Website or on any Online Forum.
5 Information we may collect from you
5.1 We collect information when you register on the Website, buy products in our online shop, subscribe to our mailing list, provide feedback or contact us using our site. The information may include your name, address, email, telephone number and company details and IP address.
5.2 If you agree to use Facebook Connect to register on our Website, then we will try to access the following fields from your Facebook profile: Facebook user ID, first name, last name, email address.
5.3 We have the following policies in place which explain how we use and protect your information:
5.4 For the avoidance of doubt, the above policies form part of these Terms and Conditions.
5.5 Any details you provide to us, via the Website or otherwise, will not be sold, swapped or given away to anyone outside of our organisation or to any organisation. We use this information only to facilitate the running of our services. We may from time to time email you with information about the BTA and our activities, but you will always be given the opportunity to opt out from receiving such mailings, or you can contact us on the details below to do so.
6 Intellectual Property and Data
6.1 You acknowledge that any and all Intellectual Property in or relating to our business, the Website and any Content belongs solely to us and/or our licensors, as applicable, and shall remain entirely in such ownership, including without limitation the Website design, text, graphics and all software and source codes connected with the Website. Nothing said or done by either party shall constitute the transfer of any such rights.
6.2 In respect of any Content generated or otherwise created by you or on your behalf which is posted or at any time displayed on the Website and/or an Online Forum, now or in the future, (“User Generated Content”) you hereby grant us a worldwide, non-exclusive, sub-licensable, royalty-free, perpetual licence to use, adapt, publish, translate, copy, distribute and display the User Generated Content or any part thereof and to make derivative works of it.
6.3 You shall be permitted to download, copy and/or print pages of the Website for your own personal, non-commercial home use only but you agree that none of the intellectual property in the Website, including without limitation in the Content and any User Generated Content, may be downloaded, copied, reproduced, transmitted, stored, sold or distributed for any other purpose without our prior written consent.
6.4 No permission is given by us for use by you or by any third party of any intellectual property in the Website and/or any Online Forum, including without limitation any Content, which may constitute an infringement of our intellectual property rights or the rights of any third party.
6.5 You acknowledge and agree that you shall not at any time use any of our or our licensors’ trade marks, whether registered or unregistered and including without limitation trade names, graphics and/or logo(s), without our prior written consent, such consent to be given at our sole discretion.
7 Disclaimer and Liability
7.1 ANY VIEWS OR OPINIONS EXPRESSED IN THE WEBSITE FORUM OR IN AN ONLINE FORUM OTHERWISE POSTED VIA A MEMBER OR OTHER THIRD PARTY ARE NOT THOSE OF THE BRITISH TINNITUS ASSOCIATION. YOU UNDERSTAND AND AGREE THAT THE CONTENT ON THIS WEBSITE AND WHERE APPLICABLE IN AN ONLINE FORUM IS FOR GENERAL INFORMATION PURPOSES ONLY AND DOES NOT CONSTITUTE, NOR IS IT A SUBSTITUTE FOR, PROFESSIONAL MEDICAL ADVICE. YOU MUST NOT RELY ON THE INFORMATION AND MATERIAL AVAILABLE ON THE WEBSITE AND YOU SHOULD ALWAYS SEE YOUR DOCTOR OR A PROFESSIONAL MEDICAL ADVISOR FOR MEDICAL ADVICE.
7.2 Whilst we shall use reasonable endeavours to authenticate the identity of all and any users who register with the Website and/or an Online Forum (as applicable) (each, a “Member”), we cannot and do not provide any warranty or guaranty as to the identity or details of a Member or any other third party accessing or detailed on the Website and/or an Online Forum (as applicable). The Content does not constitute advice in any way and you use the Website and/or an Online Forum (as applicable) at your own risk. We strongly advise that you check thoroughly any details supplied on the Website and/or an Online Forum (as applicable), including without limitation any details of qualifications supplied before relying upon the information and/or incurring any costs and/or entering into any agreement with a third party.
7.3 We give no warranty regarding the functionality of the Website and/or an Online Forum (as applicable) including without limitation that the Website or Online Forum will be available on an uninterrupted or error free basis; that defects will be corrected; or that the Website or Online Forum or the servers that make them available are free of viruses or anything else which may be harmful or destructive and no liability can be accepted in respect of losses or damages arising out of such. We recommend that you take all appropriate safeguards before downloading information or images from the Website and/or an Online Forum (as applicable).
7.4 The Website is provided on an ‘as is’ basis and we do not make any representations or warranties as to the accuracy, completeness or suitability of the Website, or an Online Forum and/or Content for any purpose. We are not responsible for any loss or damage arising from the use of the Website or an Online Forum, including without limitation in respect of any Content, any User Generated Content and any inaccuracy, misleading statement or representation made by any third party information provided for publication on this Website or an Online Forum. Except as expressly set out in these Terms and Conditions, all warranties, conditions and other terms implied by statute or common law or otherwise are, to the fullest extent permitted by law, excluded.
7.5 You shall be responsible for monitoring all Content posted on the Website and/or an Online Forum (as applicable) by you and shall ensure that any and all such Content complies with the Rules of Use detailed above. You acknowledge and agree that although we provide Rules of Use for you and all third parties accessing and/or using the Website regarding conduct, use and postings on the Website, we do not control and are not responsible for any Content on the Website and/or an Online Forum (as applicable) and we are not responsible for any content of an Objectionable Nature which you or any third party may encounter on or in connection with the Website and/or an Online Forum (as applicable).
7.6 Nothing in these Conditions limits or excludes our liability for death or personal injury resulting from our negligence; or for any damage or liability incurred by you as a result of fraud or fraudulent misrepresentation by us.
7.7 Subject to clause 6.5;
(a) we shall not be liable for loss of profits; or loss of business; or depletion of goodwill and/or similar losses; or loss of anticipated savings; or loss of goods; or loss of contract; or loss of use; or loss or corruption of data or information; or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses; and
(b) our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise shall be limited to £1.
8 Termination
8.1 Whilst we welcome feedback, both positive and negative, about our products and services, please make sure that any comment is in line with these Terms and Conditions. Posting personal or offensive comments about organisations, other Members, members of the public and/or people who work for the BTA may be considered harassment. We reserve the right to remove such messages and take action against those responsible.
8.2 If you no longer wish for User Generated Content which you have created to be displayed on the Website and/or an Online Forum and wish to terminate your Membership you may do so by giving us 30 days’ written notice, such notice to be sent to our address as detailed at the end of these Terms and Conditions, marked for the attention of the Communications Manager. You understand that we shall be under no obligation to remove any User Generated Content created by you from the Website and/or an Online Forum (as applicable), however you shall be able to do this for so long as you have a valid and current registration to the Website, Online Forum (or relevant part thereof).
8.3 We shall be entitled to terminate your Membership to the Website and/or any Online Forum, including without limitation your ability to post Content at any time at our reasonable discretion and without notice to you, including without limitation if we suspect or become aware that you have set up multiple accounts, have posted Content of an Objectionable Nature, have abused the Website’s complaints system or technical infrastructure and/or otherwise breached these Terms and Conditions, in whole or in part.
8.4 In the event that we terminate your Membership to the Website, you understand that we shall also be entitled to terminate your membership of any and/or all other online forums and communities under our possession, management or control, irrespective of whether such are located on this Website or a third party site.
9 General Provisions
9.1 Each provision of these Terms and Conditions is severable and distinct from the others and if any provision is or at any time becomes to any extent or in any circumstances invalid, illegal or unenforceable for any reason, it shall to that extent or in those circumstances be deemed not to form part of these Terms and Conditions, but the validity, legality and enforceability of all other provisions of these Terms and Conditions shall not otherwise be affected or impaired, it being the Parties’ intention that every provision of these Terms and Conditions shall be and remain valid and enforceable to the fullest extent permitted by law.
9.2 These Terms and Conditions and where applicable any relevant Community Terms constitute the entire agreement between the parties. Each party warrants to the other that, in entering into the contract between you and us, it does not rely on any statement, representation, assurance, promise or warranty of any person other than as expressly set out in these Terms and Conditions. Neither party excludes its liability for fraudulent misrepresentation.
9.3 A person who is not a party to these Terms and Conditions has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any terms of these Terms and Conditions.
9.4 These Terms and Conditions shall be governed by and construed in accordance with English law and the courts of England and Wales shall have exclusive jurisdiction to settle any disputes which may arise out of or in connection with these Terms and Conditions.
9.5 In the event of any conflict between these Terms and Conditions and those of an Online Forum, the Forum Terms shall prevail in respect of your use of the relevant Online Forum only. In all other respects, these Terms and Conditions shall take priority.
10 Contact details and queries
10.1 Questions about this policy should be addressed in the first instance to:
The Communications Manager
British Tinnitus Association
Ground Floor, Unit 5
Acorn Business Park
Woodseats Close
Sheffield
S8 0TB
Telephone: 0114 250 9922
Textphone: 0114 258 5694
Email: [email protected]
