What's in these terms?

These terms tell you the rules for using our website at www.pocklington-trust.org.uk and any other website under the ownership or control of Thomas Pocklington Trust including our VitalTech website at www.vitaltech.org.uk and all related domain and microsites (our site). You should read these terms carefully before using our site.

 

  1. Who we are and how to contact us

www.pocklington-trust.org.uk is a site operated by the Thomas Pocklington Trust, a charitable company limited by guarantee (Company Number 05359336, Charity Number 1113729) with registered office address at Tavistock House South (Entrance D), Tavistock Square, London, WC1H 9LG. The Thomas Pocklington Trust is referred to as “we” and “us” in this Agreement.

To contact us, please email [email protected] or telephone 020 8995 0880.

 

  1. By using our site you accept these terms

By using our site, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms, you must not use our site.

We recommend that you print a copy of these terms for future reference.

 

  1. There are other terms that may apply to you

These terms of use refer to the following additional terms, which also apply to your use of our site:

Our Privacy Policy which sets out the terms on which we process your personal data and which also contains information about cookies on our site.

 

  1. We may make changes to these terms

We amend these terms from time to time. Every time you use our site, please check these terms to ensure you understand the terms that apply at that time.

 

  1. We may make changes to our site

We may update and change our site from time to time. Your continued use of the site after changes have been made indicates your acceptance of the modified terms and conditions and your agreement to be bound by them.

 

  1. We may suspend or withdraw our site

 Our site is made available free of charge for information purposes only.

We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend, prevent or restrict the availability of all or any part of our site for business and operational reasons or if you do not comply with any part of these  terms, any terms or policies to which they refer or any applicable law.

We seek to make the site as accessible as possible. If you have any difficulties using the site, please contact us at [email protected]  

You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

 

  1. We may transfer this agreement to someone else

We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract. If you choose to access this site from locations outside of the UK, you acknowledge that you do so at your own initiative and are responsible for local laws where they are applicable.

 

  1. Applicable laws

This site is administered by us from our registered office in England. Our site is directed to people residing in the UK. We do not represent that the site and the content available on or through our site is appropriate for use or available in other locations. These terms will be governed by and construed in accordance with English law.

 

  1. Your use of our site

You agree to use this site only for lawful purposes and in a manner which does not infringe the rights of, or restrict, or inhibit the use and enjoyment of a site by any third party.

You are responsible for ensuring that all persons who access the site through your internet connection, including children or young people for whom you are responsible, are aware of the terms set out in this policy and comply with them.

If you believe that any content which is distributed or published by this site is inappropriate, defamatory or infringing on intellectual property rights, you should contact us immediately.

 

  1. How you may use material on our site

We are the owner or the licensee of all intellectual property in our site, and in the material published on it. Intellectual property includes: copyright, trade marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether registered or unregistered. We and our licensors remain owners of, and reserve all rights in, all intellectual property of any kind in the site and remain free to use them as we see fit. Nothing in these terms grants you any legal rights in the site other than as necessary to enable you to access the site.

You are not permitted to use our name (including any related service names) or logo without our prior written approval, unless they are part of the material you are using as permitted under these terms.

We may offer digital content, for example master classes and training materials, to download. Such digital content is provided free of charge, at our discretion and on an “as is” basis. We do not accept any liability for any loss or damage if we are unable to provide the digital content to download or if it does not conform to any stated specifications. We will also not be liable to you for loss or damage which could have been avoided if you had followed our advice on how to safely download the content or to have minimum system requirements in place. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to digital content whether express or implied.

You may view, print and download the materials on the website only for your own, non-commercial use, provided that you do not adjust or to try to circumvent or delete any notice contained on the site (including intellectual property notices) and in particular in any digital rights or other security technology embedded or contained in the site. Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way or reproduce or publicly display or distribute them. You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors. You must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

If you print off, copy or download any part of our site in breach of this policy, 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.

 

  1. Do not rely on information on this site

The content on our site is provided for general information only. It is not intended to amount to medical advice on which you should rely. You must obtain professional or specialist individual medical advice relating to your individual position before taking, or refraining from taking, any action on the basis of the content on our site.

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.

You agree that you are solely responsible for all costs and expenses that you may incur in relation to your use of the site.

 

  1. We are not responsible for websites we link to

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources and accept not legal responsibility for any content, material or information contained on them. Your use of a third party site may be governed by the terms and conditions of that third party site and is at your own risk.

 

  1. Our responsibility for loss or damage suffered by you

Whether you are a consumer or a business user:

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

If you are a business user:

  • We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it or downloaded from it.
  • We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with use of, or inability to use, our site; or use of or reliance on any content displayed on our site. In particular, we will not be liable for:
  • loss of profits, sales, business, or revenue;
  • business interruption;
  • loss of anticipated savings;
  • loss of business opportunity, goodwill or reputation; or
  • any indirect or consequential loss or damage.

If you are a consumer user:

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

 

  1. How we may use your personal information

We will only use your personal information as set out in our Privacy Policy.

 

  1. We are not responsible for viruses and you must not introduce them

 We do not guarantee that our site or any digital content that you download will be secure or free from bugs or viruses and no liability is accepted for damage caused through the downloading of viruses.

You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software and take all appropriate safeguards before downloading information from the website.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that 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.

 

  1. Rules about linking to our site

You may not link to our home page without first obtaining our prior written consent. Please contact [email protected] to request such consent. All requests will be granted or refused at our discretion and we will not enter into any correspondence about this decision.  We reserve the right to withdraw linking permission without notice.

 

  1. Which country's laws apply to any disputes?

If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that 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.

If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

 

  1. General

If any of the provisions in this policy are held to be invalid or unenforceable, the validity or enforceability of the remaining provisions shall not be affected.

Any failure by us to exercise or enforce any of our rights under this policy shall not be deemed to be a waiver of any such rights or operate to bar us from the subsequent exercise or enforcement of any such rights.