TERMS AND CONDITIONS
SECTION 1: DEFINITIONS
In these terms and conditions:
a. “The Silver-lined Heart" (or "TSH”, “we,” “us,” or “our”) means the Silver-lined Heart, is a registered charity in England and Wales (1155244). A company limited by guarantee. Registered company in England and Wales (08196579). Registered address: 24 Holborn Viaduct, London, EC1A 2BN.
b. “Website” (thesilverlinedheart.org) means any website under the ownership or control of TSH from which a link has been created to these terms and conditions.
c. “Material” means any information, links, data, text, graphics, computer code or other material published on, contained or available on the Website; and
SECTION 2: GENERAL
b. Any user registered with us (each, a “Registered User”) and intends to purchase a product or service via our Website, agrees to the terms of this Agreement and the Terms and Conditions of Purchase concerning such product or service.
c. TSH reserves the right to update and/or change these terms and conditions at any time and with no notice by posting changes online. Your use of this Website after changes are posted means your acceptance of the modified terms and conditions.
SECTION 3: ABOUT THE WEBSITE
a. Your Access to this Website is permitted on a temporary basis, and we reserve the right to remove or amend this Website and any Material, products or services on this Website at any time. TSH does not guarantee that this Website or any content on it will always be available or uninterrupted.
b. The Material on this Website provides only general information. It is not intended to give advice on which you should rely. Before you make any decisions based on the Material of this Website you are strongly advised to obtain professional or specialist advice.
c. Although we make efforts to update the information on our Website, we make no warranties, guarantees, or representation expressed or implied, that the content on our Website is accurate, complete or up-to-date.
SECTION 4: YOUR USE OF THE WEBSITE
We offer both Visitors and Registered Users access to our Services as described below.
a. Visitors are all those who want to explore the Website but do not register with us. No login, therefore, is required for Visitors. Visitors can: (1) view all publicly available content on the Websites; and (2) contact us via email.
b. Registered Users can use the Website the same way as the Visitors, and:
(1) purchase products and services via one our Website;
(2) access content available exclusively to Registered Users;
(3) access, create, manage, and update their personal accounts on the Website;
(4) post comments and relevant content on the Website (the “Registered User Material”);
(5) sign up for our programmes;
(6) sign up for alerts and notifications; and
(7) become part of The Silver-lined Heart and The Grace School community.
d. You agree to use this Website exclusively for lawful purposes and in a way that does not infringe the rights of, or restrict, or inhibit the use of the Website by any third party. Such restriction includes, without limitation, conduct that may harass, defame or cause distress to any individual and the transmission of obscene or offensive material within this Website.
e. You must not misuse the Website by knowingly and purposely introducing viruses, trojans, worms, logic bombs or any other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any other server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
f. Breaching this provision, means that you commit a criminal offence under the Computer Misuse Act 1990. TSH will report any such breach to the relevant law enforcement authorities. TSH will actively co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.
g. Some part of our Website and microsites are targeted to children and young people. You must only use those parts of the Website as appropriate for your age. In some cases, we require the approval or involvement of any appropriate adult (for example when a child joins one of our clubs or provides personal data), and you must ensure you only provide that approval or involvement where you meet the requirements and are fully authorised to do so.
h. You are responsible for ensuring that all individuals who access the Website through your internet connection are aware of these terms and conditions and that they agree to comply with them. This includes any children or young people for whom you are responsible.
SECTION 5: YOUR PERSONAL INFORMATION
SECTION 6: REGISTRATION
b. During the registration process for Registered Users, you will be asked to create an account, that includes a sign-in name (the “Sign-In Name”), a password (the “Password”), and additional information that will help with authenticating your identity when you log-in in the future (the “Unique Identifiers”).
c. While creating your account, you must provide true, accurate, updated, and complete information. A Sign-In Name and corresponding Password can be used by only one Registered User. You must keep your password confidential and must not disclose it to anyone.
d. Please, be aware that sharing your access credentials with others is a material breach of this Agreement, and you are solely responsible for the confidentiality and use of your Sign-In Name, Password, and Unique Identifiers, and for any use, misuse, or communications entered through the Website. If at any time you know or suspect that a third party may know your password you must promptly change it.
e. You must inform us of any need to deactivate a Password or Sign-In Name, or change any Unique Identifier immediately. We may decide not to accept your registration, and we reserve the right to cancel, disable or change your Registration, Account, Password Sign-In Name, or Unique Identifier at any time and for any reason.
f. We shall have no liability for any loss or damage caused by such action nor for any loss or damage caused by any unauthorised use of your account.
SECTION 7: DONATIONS, FEES AND PAYMENTS
a. You must pay The Silver-lined Heart all applicable fees and taxes for any purchase you make on the Website. TSH or our third-party payment processor shall authorise your credit card, bank account, orother approved payment method that you provide during the registration process for the full payment of the fees and any applicable taxes. You hereby consent to the same terms. If the mailing address you provided us is in the United Kingdom, all payments will be charged and made in British Pounds (GBP). If the mailing address you provided us is outside the United Kingdom, all payments will be charged and made in your local currency.
b. Although TSH seeks to protect online payment details in accordance with the Payment Card Industry Data Security Standard, the security of such information transmitted via the Internet cannot be guaranteed. As such any data transferred is at your own risk.
c. If you use a payment card on our Website, you must be the authorised user of the card and have permission and funds to make the relevant payment or donation.
d. You must provide current, complete, and accurate billing and credit/debit card information. You must immediately update all billing information particularly your billing address, card number, and expiry date to keep your account current, complete, and accurate. You must promptly contact us if your credit card is lost or stolen, or if you become aware of any potential breach of account security, e.g., unauthorised disclosure or use of your Sign-In Name or Password. You hereby authorise TSH to obtain or determine updated or replaced expiry dates for your credit/debit card if the cards you provided us expire. We reserve the right to charge any renewal cards that are issued to you to the same extent as the expired cards. You agree to pay all amounts due upon demand if payment is not received from your credit card issuer. You agree to pay all costs of collection, including full attorney’s fees and any other costs, on any outstanding balance. In given instances, your credit card issuer may charge you a foreign transaction fee or related charges, which you will be responsible for paying. Please check with your bank and credit card issuer for details.
e. If you have made a donation of money in error, please email (Monday to Friday, 9 am to 5 pm) and we will be happy to discuss your refund with you.
SECTION 8: OUR PRODUCTS AND SERVICES
a. Any purchases from our Website will be subject to our terms and conditions.
b. Sometimes we may offer free products, services or events through our Website. Because these are free of charge, they are all provided at our discretion, on an "as is" basis, and we cannot accept any liability for any loss or damage if we are unable to provide those items, or if they do not conform to any stated specifications. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms that may apply to such items, whether express or implied.
SECTION 9: OUR LIABILITY
a. Nothing in these terms and conditions excludes or limits our liability for death or personal injury arising from negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded by law.
b. TSH excludes all conditions, warranties, representations or other terms that may apply to our Website or any content on it.
c. We will not be liable for any loss or damage (including loss of data), whether in contract, tort (this includes negligence), breach of statutory duty, even if it is foreseeable, arising under or in connection with: (1) use of, or inability to use, the Website or any Material; or (2) use of or reliance on any content or information displayed on our Website; or (3) the provision of, or our failure to provide, any products, services or events ordered or made available through our Website (unless stated otherwise in any relevant additional terms and conditions).
d. Please note that our Website is only intended to be for private and domestic use, and TSH shall have no liability for any loss of profit, loss of business, business interruption, loss of potential business opportunity, goodwill or reputation or any indirect or consequential losses or damage.
e. TSH does not accept any liability for any loss or damage caused by viruses or any other harmful material that may infect your equipment, computer programmes, data or other material due to your use of our Website or to downloading of any content on it, or on any website linked to it.
SECTION 10: OUR ONLINE COMMUNITY
a. The Silver-lined Heart online community and other public areas on our Website are public forums so can be viewed by anyone accessing and searching the Internet. Posts will be indexed by commonly used search engines. Please be careful with what you choose to post. Do not post anything strictly confidential, any contact details or personal information that could put you or anyone else at risk. Our intention is that you connect and safely interact with the community without sharing personal information unless you absolutely trust that the people you interact with are genuine. If you plan to meet anyone you have befriended on the internet, never go alone and always meet in a public place. Please read the TSH Community Guidelines for more information. Please note that we cannot and do not vet any users or verify their identity.
b. Community Guidelines.
(1) You must not threaten, stalk or harass, spam or use the Website to engage for any commercial purposes; (2) You must not access or use the Websites to collect any kind of market research for a competing business; (3) You must not impersonate individuals or organisations or falsely state or otherwise misrepresent your affiliation with any individual or any other entity;
(4) You must not interfere with or interrupt a proper operation of the Website through the use of any kind of viruses, devices, information collection or transmissions, software, routine, or access any data, files, or passwords related to the Website through password or data mining, hacking or any other means;
(5) You must not cover, obscure, block, or in any other way attempt to interfere with any safety features, e.g., report abuse button or any advertisements on the Website;
(6) You must not use any robots, spiders, scrapers, or other automated means to access the Website for any purposes without our clear permission stated in writing. However, we grant the operators of public search engines permission to use spiders to copy materials from the public portions of the Website solely to the extent that is necessary to create publicly available and searchable material indices, but not material caches or archives;
(7) You must not take any action that may impose an unreasonable or disproportionately large load on our technical infrastructure;
(8) You will inform us about any inappropriate content of which you are aware. Please let us know about anything that may violate our Community Guidelines, for further investigation.
c. Any communication or material that you transmit to, share, or post on, any public area of the Website e.g., any data, questions, comments, or suggestions is, and will be treated as, non-confidential and non-proprietary information. You must take responsibility and ensure that any content you post is legal, not inaccurate or misleading and that you have all necessary third party rights and permissions.
d. We do not tolerate any posts, emails, uploads, transmits, or any content that: is
(1) offensive, libellous, indecent, defamatory, obscene, pornographic, sexually explicit, invasive of another’s privacy, promotes violence, or contains hate speech (e.g., speech attacking or demeaning a group by age, gender, religion, race or ethnic origin, disability, veteran status, and/or sexual orientation/gender identity;
(2) infringes any copyright, trademark, the right of publicity, or any other proprietary rights of any person or entity;
(3) discloses any sensitive information about other people, including personal email address, postal address, telephone number, debit/credit card information, or similar information.
e. TSH reserves the right to deny you access to the Website or any portion of the Website, delete any comments or remove any content that we think is inappropriate or lower our standards, and we may block users if needed.
f. Content posted by users will not always represent TSH's views or values, and we do not accept responsibility or liability for any content posted by other people.
SECTION 11: COPYRIGHT, INTELLECTUAL PROPERTY, TRADEMARKS AND OTHER RIGHTS
a. TSH is the owner or licensee of all intellectual property rights in the Website including The Silver-lined Heart name and logo, which are trademarks of the Silver-lined Heart as well as any rights in the Material.
b. Some elements of the Website are protected by trade dress, trademark, unfair competition, and must not be copied or imitated in whole or in part, including, but not limited to, the use of framing or mirrors. None of the Material may be retransmitted without our express, written consent for each and every instance.
c. The Website contains Material, such as articles, worksheets, downloads, curriculum, coursework, classes, training modules, coaching modules, images, photographs, software, text, graphics, videos, sound recordings, and other material provided by or on behalf of TSH. The Material is protected by copyright laws and treaties around the world and all right are reserved. You may not use or do anything with the Material or any of our intellectual property rights apart from as set out in this section.
d. The names, images and logos identifying TSH or third parties and their products and services are the proprietary marks of TSH and/or third parties as appropriate. You may only use these where they are included on any pages or documents that you copy and use in accordance with this section. Nothing contained in these terms and conditions or on the Website may be interpreted as granted any licence or right under any trademark or patent of TSH or any third party.
e. Website Visitors may view all publicly available Content for their own personal, but non-commercial purposes. Registered Users who have purchased any product or service, may download to their own devices and view any Content contained in purchased product or service for their own personal, non-commercial use.
f. Commercial use or publication of all or any Material is strictly prohibited without prior written authorisation from TSH.
g. You may:
(1) print off or download any page(s) from the Website for your personal use; and
(2) copy documents on this Website for individual, domestic, non-commercial use only and on the condition that copyright and source references are copied, the entire document is copied, and no modifications are made.
h. You must NOT:
(1) modify the paper, or digital copies of any Material you have downloaded or printed off in any way
(2) use any illustrations, photographs, videos or audios or any graphics separately from any accompanying text; or
(3) copy, display, publish, sell, transfer, assign, license, or sublicense any of the Material (including any photos, documents or text) in a way which is accessible to the public (for example, on another website) without prior written authorisation from TSH.
i. Please be aware that some of the Material (including some documents and photos) has been published on this Website with the permission of the relevant copyright owners (who are not TSH). All rights are reserved on these documents. Permission for any copy must be requested from the copyright owners (the sources are indicated within these documents/photographs).
SECTION 12: LINKS TO THIRD PARTY WEBSITES
a. Our Website includes links to external websites. We only choose to link to sites that we believe provide information that will be of value to our users. All requests will be either approved or refused at the discretion of TSH. Please contact us if you would like to request a link to your site.
b. TSH has no control and, therefore, takes no responsibility for the content of external internet sites even when we have included a link on our own Website. The existence of a link from our Website to any other website is for information purposes only and does not imply that TSH endorses the activities or views of that website or the organisation behind the site, nor does it indicate any form of association or partnership on our part. TSH shall not be liable for any loss or damage that may arise from your use of those sites.
SECTION 13: LINKING TO OUR WEBSITE
a. Linking to our Website can help share valuable information to patients, medical professionals, volunteers and other interested parties about positive health, chronic illnesses, self-awareness and related issues. Linking to our Website, does not require permission provided it is fair, legal and does not damage our reputation or in any way take advantage of it.
b. We reserve the right to request the removal of any link. TSH logo must not be used without prior written permission, which may be requested by emailing us at firstname.lastname@example.org. A link to TSH Website must not be used to imply TSH endorsement of the site, related products or services. Your site must not conflict with the values and objectives of TSH.
SECTION 14: REGISTERED USER MATERIAL AND LICENSES
a. The Website provides Registered Users the ability to access, use, post and upload Registered User Material. You agree that once you submit your Registered User Material for inclusion into the Website, it shall be accessible byothers, and that there is no confidentiality or privacy with respect to such Registered User Material, including, but not limited to any personally identifying information that you may make available.
b. You and not TSH are entirely responsible for all your Registered Users Material that you upload, post, email or in any way transmit via the Website and you will compensate us in a case of any loss, liability, claim or damage suffered for incurred by us in connection with our Registered User Material.
You agree to retain all copyrights and other intellectual property rights in and to your own Registered User Material.
c. You agree to grant TSH and our sublicensees a non-exclusive, royalty-free, freely sub-licensable, perpetual license to modify, combine, assemble with other content, copy, record, synchronise, transmit, translate, format, distribute, publicly display, publicly share, and otherwise use or exploit (including for profit) your Registered User Material and all intellectual property and moral rights by or in any means, methods, media, or technology known or hereafter devised.
d. You agree to grantTSH and our sublicensees the right, but not the obligation, to use your Registered User Material, your Sign-In Name, name, likeness, and photograph in connection with any use of the related Registered User Material permitted by the previous sentence and/or to advertise and promote the Website, The Silver-lined heart and our products and services.
e. You agree that the use of your Registered User Material, name, and photograph permitted by the preceding rights and licenses may include the display of such Registered User Material, name, and photograph adjacent to advertising and other material both for non-profit and for profit.
f. If you submit Registered User Material to us, each such submission constitutes a representation and warranty to TSH that such Registered User Material is your original creation (or that you otherwise have the right to provide the Registered User Material), that you have the rights necessary to grant the license to the Registered User Material under the prior section, and that it and its use by TSH and its material partners as permitted by this Agreement does not and will not infringe or misappropriate the intellectual property or moral rights of any individual or contain any libellous, defamatory, or obscene material that violates our Community Guidelines.
SECTION 15: NO WARRANTIES; LIMITATION OF LIABILITY
a. The Website and the Material are provided on and "as it is" and "as available" basis with no warranties of any kind including that the Website will operate error-free or that the Website, its server, or the Material are free of computer viruses or similar contamination or destructive features.
b. TSH does not accept any liability for any interruptions or delays of the Website from whatever cause, and you agree to use the Material and the Website at your own risk to the maximum extent permitted by law.
We hereby disclaim all warranties, including but not limited to warranties of title, merchantability, non-infringement of third parties' rights, and fitness for particular purposes, and any warranties arising from a course of dealing, performance, or usage of trade.
c. We do not accept any liability for any damages (e.g., direct, incidental and consequential damages, lost profits or damages from lost data or business interruption) that may result from the use or inability to access and use the Website or the Material, whether based on warranty, contract, tort (including negligence), or any other legal theory. The above applies even if we have been advised of the possibility of such damages.
If your use of the Website or the Material results in the need for servicing or replacing equipment or data, TSH shall not be responsible for any costs. We are not responsible for any technical inaccuracies, typographical or pricing errors, or omissions listed on the Website.
d. The Website may contain information on products and services that may not be available in every location including yours. A reference to a product or service on the Website does not mean that such product or service is or will be available in your location. TSH reserves the right to make changes, corrections, and/or improvements to the Website at any time without notice.
SECTION 16: WARRANTIES, REPRESENTATIONS, AND INDEMNIFICATION
As a Registered User, you warrant, and agree that:
a. You own or have the necessary proves such as: licenses, rights, consents, and permissions to all trademark, trade secret, copyright, or other proprietary, privacy, and publicity rights in and to your Registered User Material and any other works that you incorporate into your Registered User Material, and all the rights necessary to grant the licenses and permissions you grant;
b. Use of your Registered User in the manners stated in this Agreement must not violate or misappropriate the intellectual property, privacy, publicity, contractual, or other rights of any third party; and you must not submit to the Website any Registered User Material that violates our Community Guidelines stated above or any other term of this Agreement.
c. You agree to defend, indemnify, and hold us and our directors, employees, officers, agents, successors, licensees, and assigns harmless from and against any of the following: damages, liabilities, losses, expenses, claims, actions, and/or demands, including, but not limited to reasonable legal and accounting fees, arising or resulting from:
(1) your breach of this Agreement;
(2) your access to, use or misuse of the Material or the Websites; and/or
(3) your violation of any third-party rights. These include, but are not limited to any copyright, trademark, property, publicity, or privacy right.
d. TSH will provide notice to you of any such claim, suit, or proceeding and will assist you, at your full expense, in defending any such claim, suit, or proceeding. TSH reserves the right to the exclusive defense and control at your full expense of any matter that is subject to indemnification under this section. In such circumstances, you agree to cooperate with any reasonable requests assisting our defense of such matter.
SECTION 17: CLASS ACTION WAIVER
a. You expressly agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law,
(1) no arbitration or proceeding shall be joined with any other;
(2) there is no right or authority for any Dispute to be arbitrated or resolved on a class-action basis or to utilise class action procedures; and
(3) there is no right or authority for any Dispute to be brought in a claimed representative capacity on behalf of any individual or the general public.
b. You agree that you may bring claims against TSH only in your individual capacity, and you shall bring claims against TSH as a plaintiff or class member in any purported class or representative proceeding.
SECTION 18: JURISDICTION
These terms and conditions are governed and construed in accordance with the laws of England and Wales. Any disputes shall be subject to the exclusive jurisdiction of the Courts of England and Wales.
SECTION 19: TERMINATION OF THE AGREEMENT
We reserve the right to restrict, limit, suspend, or terminate this Agreement and your access to all or any part of the Website, at any time and for any reason without prior notice or liability and we reserve the right to change, suspend, or discontinue all or any part of the Website at any time without prior notice or liability.
SECTION 20: MISCELLANEOUS
a. You agree that unless contrary to law, any cause of action arising out of or related to the Website, the Material or this Agreement must be commenced by you within one (1) year after the cause of action arises. Otherwise such cause of action will be barred permanently.
b. If any part of this Agreement is found to be invalid by any court with a proper and competent jurisdiction or terminated in accordance with the Termination Section, the invalidity or termination of such provision will not affect the validity of the following provisions of this Agreement.
c. Please be aware that our failure to act on or enforce any provision of the Agreement will not be interpreted as a waiver of that provision or any other provision in this Agreement. In addition, no waiver shall be effective against us unless it is clearly stated in writing, and no such waiver will be interpreted as a waiver in any other or subsequent instances.
d. This Agreement represents the entire Agreement between both parties with respect to the subject matter, and it replaces all previous agreements (both written or oral) between both parties with an exception as expressly agreed by TSH and you in writing. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.
SECTION 21: CONTACT
THE SILVER-LINED HEART
24 Holborn Viaduct,
London, EC1A 2BN