Copyright © 2019 Bakewell Silver Band

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Terms and Conditions

1.     Introduction

This website is owned and operated by Bakewell Silver Band whose address is at Bakewell Scout Brigade Hall, Bath Street, Bakewell DE45 1DY. Unless we say otherwise, we use the terms "Bakewell Silver Band", "we" and "us" on this website to refer to Bakewell Silver Band throughout the website terms and conditions, which include our Website Terms, Privacy Policy and Cookie Policy (“Terms and Conditions”).

If you want to ask us anything (whether about our products and services, this website, any of our terms and conditions or otherwise), then please contact us.

2.     Website Terms and Conditions

The Terms and Conditions apply to your use of the Bakewell Silver Band website at www.bakewellband.co.uk (the "Website"). The Terms and Conditions apply regardless of how you access the Website, including any technologies or devices by which Bakewell Silver Band makes the Website available to you at home or on the move. You must read these Terms and Conditions carefully, and we recommend that you print and keep a copy for your future reference.

By accessing, browsing, using, registering with, or placing an order on the Website, you confirm that you have read, understood and agree to these Terms and Conditions in their entirety. If you do not agree to these Terms and Conditions in their entirety, please do not use this Website.

All legal notices on this Website which relate to your use of the Website together with all applicable terms and conditions and our Privacy and Cookie Policies govern your use of this Website.

These Terms and Conditions, any Additional Terms and any contract concluded between us via the Website, are only available in the English language.

3.     Changes to the Website

We may update the Website from time to time and may change the content of the Website at any time. However, please note that any of the content on the Website may be out of date at any given time, and we are under no obligation to update it.

3.1     Use of This Website from Outside the UK

Except where otherwise specified on this Website, the materials on this Website are displayed solely for the purposes of promoting Bakewell Silver Band and its services available in the UK.

Those who choose to access this Website from locations outside the UK are responsible for compliance with local laws if and to the extent local laws are applicable.

4.     Use of This Website

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.

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. 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.

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.

5.     Acceptable Use

5.1     General

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

  • In any way that breaches any applicable local, national or international law or regulation.

  • In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.

  • For the purpose of harming or attempting to harm minors in any way.

  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards.

  • To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).

 

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.

 

You also agree:

  • Not to reproduce, duplicate, copy or re-sell any part of our site.

  • Not to access without authority, interfere with, damage or disrupt:

    • any part of our site;

    • any equipment or network on which our site is stored;

    • any software used in the provision of our site; or

    • any equipment or network or software owned or used by any third party.

5.2     Interactive Services

We may from time to time provide interactive services on our Website which shall enable you to upload or post Contributions to the Website, including, without limitation:

  • Comment facilities;

  • Uploading and exhibiting user designs;

  • Chat rooms; and/or

  • Bulletin boards,

(together "Interactive Services").

Where we provide an Interactive Service, we will use reasonable endeavours to provide information to you about the kind of service offered and if it is moderated. However, we are under no obligation to oversee, monitor or moderate any Interactive Service we provide, and we expressly exclude our liability for any loss or damage arising from the use of any Interactive Service by a user or from the Contributions posted or uploaded to any Interactive Service by another user whether the Interactive Service is moderated or not.

The use of any of our Interactive Services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an Interactive Service that it is important that they communicate with their children about their safety online. Minors who are using any Interactive Service should be made aware of the potential risks to them.

5.3     Standards of Content

These content standards apply to any, and all material contributed to our site (“Contributions”), and to any interactive services associated with it. 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.

Contributions must:

  • Be as accurate as possible (where they state facts).

  • Be genuinely held (where they state opinions).

  • Comply with applicable law in the UK and in any country from which they are posted.

 

Contributions must not:

  • Contain any material which is defamatory of any person.

  • Contain any material which is obscene, offensive, hateful or inflammatory.

  • Promote sexually explicit material.

  • Promote violence.

  • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.

  • Infringe any copyright, database right or trade mark of any other person.

  • Be likely to deceive any person.

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

  • Promote any illegal activity.

  • Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.

  • Be likely to harass, upset, embarrass, alarm or annoy any other person.

  • Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.

  • Give the impression that they emanate from us, if this is not the case.

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

5.4     Suspension and Termination

We will determine, in our discretion, whether there has been a breach of this policy through your use of our site. When a breach of this policy has occurred, we may take such action as we deem appropriate.

Failure to comply with this policy constitutes a material breach of the terms of use upon which you are permitted to use our site, and may result in our taking all or any of the following actions:

  • Immediate, temporary or permanent withdrawal of your right to use our site.

  • Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.

  • Issue of a warning to you.

  • Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.

  • Further legal action against you.

  • Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

 

We exclude liability for actions taken in response to breaches of this policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

We exclude liability for actions taken in response to breaches of this acceptable use. The responses described in this acceptable are not limited, and we may take any other action we reasonably deem appropriate in respect of your breach.

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

You acknowledge that your breach of this acceptable use may cause damage or loss to us and you agree to indemnify us in full against any third-party liabilities, claims, costs, loss or damage including consequential losses, incurred as a result of such a breach. If you are a consumer, this means you will be responsible for any loss or damage we suffer as a result of your breach of this acceptable use.

We may provide your identity to a third party who is claiming that any content posted or uploaded by you to our Website constitutes a violation of their intellectual property rights, or of their right to privacy. You also acknowledge that we may be required to hand over such information by order of a court of law.

5.5     Uploading Material to the Website

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.

Any material you upload to our site will belong to you exclusively, will not infringe the trademarks or copyright of third parties and will be considered non-confidential and non-proprietary. We reserve 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.

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. 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.

5.6     Social Networking

These Website Terms also govern any Submissions you make on any Bakewell Silver Band related third party website or page such as our Facebook page, Twitter or social networking site. All comments, images, videos and any other type of material posted on any third party social networking site do not necessarily reflect the opinions or ideas of Bakewell Silver Band or its members, and Bakewell Silver Band is not responsible for any such content. In any event, all material posted on any third party social networking site must comply with these Website Terms and the third party social networking sites’ Terms of Use, as applicable.

5.7     Rules for Submissions

You must be 18 years of age or older and registered to post a Submission.

Please be polite and only write in English. If you require an immediate response from us or have a comment about our service please contact us directly for a quicker response.

Submissions should not include:

  • Abusive, offensive or otherwise inappropriate language;

  • Profanity, blasphemy, spiteful, racist, sexually explicit, sexually gratuitous or discriminatory comments or content that might be considered to be harassment, abuse or threats against the personal safety or property of others

  • Comments about other reviewers or bloggers

  • Remarks that repeat criminal accusations, false, defamatory or misleading statements

  • Material which impersonates others or personal information about anyone, including yourself, such as phone numbers, postal addresses or credit card numbers

  • Spam or advertising

  • HTML code, computer script or website URLs

 

Bakewell Silver Band, in its absolute discretion, reserves the right to not publish the Submission or remove it, take any appropriate action if deemed necessary or remove reviews which do not comply with the rules above.

Please let us know if you see any Submissions which do not comply with our rules.

5.8     Accuracy of Content

To the extent permitted by applicable law, Bakewell Silver Band disclaims all representations and warranties, express or implied, that content or information displayed in or on this Website is accurate, complete, up-to-date and/or does not infringe the rights of any third party.

The views expressed in user generated content are the opinions of those users and do not represent the views, opinions, beliefs or values of Bakewell Silver Band.

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.

5.9     Complaints

If you wish to complain about any Contribution posted to an Interactive Service, please see section 11, Contacting Us, setting out full details of your complaint. We will then review the Contribution and decide whether it complies with the Standards.

In order to investigate your complaint, we may need to share your identity and the details of your complaint with the user that posted the Contribution that is the subject of your complaint.

The views expressed by other users on our Website, including in any Contributions, do not represent our views or values.

6.     Intellectual Property Rights

Bakewell Silver Band 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.

Your use of the Website and its contents grants no rights to you in relation to our intellectual property rights, or that of third parties, in the Website or its contents. By submitting information (other than your personal data), text, photos, graphics or other content to the website you confirm that you have the right to use the same and grant us a right to use such materials at our own discretion (with or without accreditation) in any media including, without limitation, to edit, copy, reproduce, disclose, post and remove such materials from the website.

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.

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.

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

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.

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.

7.     Viruses, Hacking and Other Offences

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.

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.

Bakewell Silver Band uses reasonable efforts to ensure that this Website is free from viruses and other malicious or harmful content. However, we cannot guarantee that your use of this Website (including any content on it or any website accessible from it) will not cause damage to your computer or other device. It is your responsibility to ensure that you have the right equipment (including antivirus software) to use the Website safely and to screen out anything that may damage or harm your computer or other device. Except where required by applicable law, Bakewell Silver Band shall not be liable to any person for any loss or damage they suffer as a result of viruses or other malicious or harmful content that they access from or via the Website.

8.     Links

8.1     Linking to Our Site

You may link to our home page subject to our prior consent, 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.

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

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.

If you wish to make any use of material on our site other than that set out above, please address your request using the contact form at http://www.bakewellband.co.uk/contact.

8.2     Linking from 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.  Except where required by applicable law, Bakewell Silver Band cannot accept any liability in respect of the use of these websites.

9.     Legal Terms

9.1     Exclusions of Liability

We exclude all representations, warranties, conditions and terms (whether express or implied by statute, common law or otherwise) to the fullest extent permitted by law. We accept no liability for any losses or damages which are not reasonably foreseeable arising out of or in connection with these Terms and Conditions or your use of the Website.

These exclusions shall be governed by and construed in accordance with English law. If any provision of these disclaimers and exclusions shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

Nothing in these Terms and Conditions shall exclude or limit our liability for personal injury or death caused by our negligence or for fraud. In addition, these Terms and Conditions shall not limit or exclude any other liability that we are not permitted to limit or exclude under applicable law.

9.2     Other Legal Notices

There may be legal notices on other areas of this Website which relate to your use of the Website, all of which will, together with these Terms and Conditions govern your use of this Website.

9.3     Applicable Law and Jurisdiction

Any matter that arises out of your use of this Website (including any contract entered between you and us through the Website) shall be governed by the laws of England and Wales and any disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales.  

10.     Changes to These Terms and Conditions

We reserve the right to change and update these Terms and Conditions from time to time and recommend that you revisit this page regularly to keep informed of the current Terms and Conditions that apply to your use of the Website. By continuing to access, browse and use this Website, you will be deemed to have agreed to any changes or updates to our Terms and Conditions.

10.1     Updates

These Terms and Conditions were last updated on 24th May 2018

 

11.     Contacting Us

If you any questions or comments about these Terms and Conditions, please contact us:

Bakewell Silver Band

Bakewell Scout Brigade Hall

Bath Street

Bakewell

DE45 1DY

Website: http://www.bakewellband.co.uk/contact