Terms of use

ATL Website Terms of Use
 
 
 
Definitions
 
This website ("Website") is owned and operated by Allchurches Trust Limited (hereinafter referred to
 
as "ATL") which is a company registered in England and Wales (registered number 1043742) as a
 
private company limited by guarantee not having a share capital. ATL’s registered address is at
 
Benefact House, 2000, Pioneer Avenue, Gloucester Business Park, Brockworth, Gloucester, GL3 4AW, United Kingdom.
 
ATL is a registered charity (Reg. No. 263960) and is therefore regulated by the Charity Commission.
 
The terms "we", "us", "our" and "ours" when used in these Terms of Use means ATL.
 
The terms "you", "your" and "yours" when used in these Terms of Use mean any user of this website.
 
 
 
Agreement
 
Access to and use of this Website and the information, materials, products and services available
 
through this website are subject to all applicable laws and regulations and to these Terms of Use.
 
By accessing this Website, you agree to these Terms of Use which form a legally binding agreement.
 
If you do not agree, please exit this Website.
 
These Terms of Use may be changed by us from time to time without specific notice to you. The latest
 
Terms of Use will be posted on the Website, and you should always review these Terms of Use prior
 
to using the Website to ensure that you have a current understanding of the Terms of Use under
 
which you are permitted to access this Website. If you cannot access the Terms of Use via the
 
Internet, we can provide a copy of the most recent Terms of Use by e-mail upon request.
 
ACCESS TO THIS WEB SITE (OR PORTIONS THEREOF) AND THE USE OF INFORMATION,
 
MATERIALS, PRODUCTS OR SERVICES PROVIDED THROUGH THIS WEB SITE (OR PORTIONS
 
THEREOF), IS NOT INTENDED, AND IS PROHIBITED, WHERE SUCH ACCESS OR USE
 
VIOLATES APPLICABLE LAWS OR REGULATIONS.
 
 
 
Minors
 
This website is a business and commercial site for the use of UK residents only. As such, it is not
 
intended for children or minors.
 
 
 
Service Access
 
Whilst we endeavour to ensure that the Website is normally available 24 hours a day, we shall not be
 
liable if for any reason the Website is unavailable at any time or for any period. Access to the Website
 
may be suspended temporarily and without notice in the case of system failure, maintenance or repair
 
or for reasons beyond our control.
 
Ownership
 
Unless otherwise indicated, this Website and its design, text, content, selection and arrangement of
 
elements, organisation, graphics, design, compilation, magnetic translation, digital conversion and
 
other matters related to this Website ("Elements") are protected under applicable copyrights,
 
trademarks and other proprietary (including, but not limited to, intellectual property) rights and are the
 
property of ATL or are included with the permission of the rights owner and are protected pursuant to
 
copyright and trademark laws.
 
The posting of any such Elements on this Website does not constitute a waiver of any right in such
 
Elements. You do not acquire ownership rights to any such Elements viewed through this Website.
 
Except as otherwise provided herein, none of these Elements may be used, copied, reproduced,
 
distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any
 
means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise,
 
without our express prior written permission.
 
Permission is hereby granted to the extent necessary to lawfully access and use this Website and/or
 
information, materials, products and/or services available on it to display, download, archive and print
 
in hard copy, portions of this website, provided you do not modify the Elements and that you retain
 
any and all copyright and other proprietary notices contained in the Elements. This permission
 
terminates automatically if you breach any of these Terms of Use.
 
 
 
Trademarks
 
The ATL logo, all product names, all page headers, all custom graphics, all button icons, all
 
trademarks, service marks and logos appearing on this Website, unless otherwise noted, are service
 
marks, trademarks and/or trade dress of ATL (the "Marks"). All other trademarks, product names,
 
company names, logos, service marks and/or trade dress mentioned, displayed, cited or otherwise
 
indicated on the Website are the property of their respective owners. You agree not to display or use
 
the Marks in any manner without our prior written permission. You agree not to display or use
 
trademarks, product names, company names, logos, service marks and/or trade dress of other
 
owners without the prior written permission of such owners. The use or misuse of the Marks or other
 
trademarks, product names, company names, logos, service marks and/or trade dress or any other
 
materials contained herein, except as permitted herein, is expressly prohibited.
 
 
 
Visitor Material and Conduct
 
Other than personally identifiable information, which is covered under our Privacy Policy , any
 
material you transmit or post to the Website shall be considered non-confidential and non-proprietary.
 
We shall have no obligations with respect to such material. We and our designees shall be free to
 
copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds,
 
text and other things embodied therein for any and all commercial or non-commercial purposes.
 
You are prohibited from posting or transmitting to or from the Website any material:
 
a. that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive,
 
liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in
 
breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
 
b. for which you have not obtained all necessary licences and/or approvals; or
 
c. which constitutes or encourages conduct that would be considered a criminal offence, give rise to
 
civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any
 
country in the world; or
 
d. which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan
 
horses, worms, harmful components, corrupted data or other malicious software or harmful data).
 
You may not misuse the Website (including, without limitation, by hacking). We shall fully co-operate
 
with any law enforcement authorities or court order requesting or directing us to disclose the identity
 
or locate anyone posting any material in breach of the above.
 
 
 
Hyperlink disclaimer
 
This Website may contain links and/or advertisements to other websites maintained by us in addition
 
to links to websites maintained by unrelated companies and persons ("third party website"). An
 
advertisement of, or link to, a third party website does not mean that we approve, endorse or accept
 
any responsibility for that third party website, its content or use, or the use of products and services
 
made available through such third party website.
 
We are not responsible for the actions, content, accuracy, opinions expressed, privacy policies,
 
products or services provided through these links or made available through these resources or
 
appearing in such third party websites, nor for any damages or losses, directly or indirectly, caused or
 
alleged to have been caused as a result of your use or reliance on such third party websites.
 
Such third party websites are not investigated, monitored or checked for accuracy, completeness or
 
conformance with applicable laws and regulations by us. We do not make any representations
 
whatsoever, or give any warranties of any kind, expressed, implied, or otherwise about any websites
 
which you may access through this Website, the content thereof, or the products and/or services
 
made available through such websites. If you decide to leave our Website and access these other
 
websites, you do so at your own risk. All rules, policies (including privacy policies) and operating
 
procedures of such websites will apply to you while on such websites.
 
Links from other websites
 
Persons providing access to this Website via any link from another website are solely responsible for
 
the content, accuracy, opinions expressed, privacy policies, products or services of, or available
 
through, the source website and for any representations made or impressions created concerning
 
ATL.
 
Authorisation by us to link to this Website is given without assumption of any liability by us relating to
 
such links, and we hereby disclaim any such liability. We reserve the right to withdraw any
 
authorisation to link to this Website at any time and for any reason. We may also use technology that
 
prevents so called "deep linking", spidering or web crawling, or at any time to prohibit any person from
 
access to this Website or any part of it which we in our sole discretion consider is excessive or in any
 
way harmful to the operation of this website, or to ATL's business or reputation
 
Anyone providing access to, or information relating to this Website, whether by link or otherwise, is
 
responsible for bringing these Terms of Use to the attention of the person receiving such access or
 
information. Failure to do so will not result in liability for us.
 
 
 
Data protection consent
 
By agreeing to these Terms of Use, you acknowledge you have read and understood the terms of our
 
Privacy Policy and that you agree with it.
 
With the exception of Personal Data, any communication or material you post or transmit to us over
 
the Internet is, and will be treated as non-confidential and non-proprietary. Upon the transmission of
 
any personal information to us, you expressly grant permission to us to disseminate and/or use such
 
information for any lawful purpose as detailed in our Privacy Policy.
 
We reserve the right to monitor your communications with us whether by mail, voice, fax, e-mail or
 
any other form of transmission for the purposes of quality control, security and other business needs.
 
Notwithstanding the foregoing, all Personal Data provided to us as a result of this Website will be
 
handled in accordance with our Privacy Policy.
 
 
 
No warranties
 
THIS WEBSITE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT WARRANTIES
 
OF ANY KIND. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, ATL,
 
ITS AFFILIATES, SERVICE PROVIDERS AND LICENSORS DISCLAIM ALL CONDITIONS,
 
WARRANTIES AND OTHER TERMS, WHETHER EXPRESS, IMPLIED, STATUTORY OR
 
OTHERWISE. WITHOUT LIMITING THE FOREGOING, ATL, ITS AFFILIATES, SERVICE
 
PROVIDERS AND LICENSORS DO NOT REPRESENT OR WARRANT TO YOU OR YOUR
 
COMPANY AND ATL, ITS AFFILIATES, SERVICE PROVIDERS AND LICENSORS HEREBY
 
DISCLAIM ALL CONDITIONS, WARRANTIES AND OTHER TERMS RELATING TO:
 
(A) DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS IN THE OPERATION OF THIS
 
WEBSITE OR ANY PART OF IT;
 
(B) THE TRANSMISSION OR DELIVERY OF THIS WEBSITE OR ITS AVAILABILITY AT ANY
 
PARTICULAR TIME OR LOCATION;
 
(C) THE USE, VALIDITY, ACCURACY, CURRENCY OR RELIABILITY OF, OR THE RESULTS OF
 
THE USE OF THIS WEBSITE OR ANY INFORMATION PUBLISHED ON THIS WEBSITE; AND
 
(D) TO WEBSITES TO WHICH THIS WEBSITE IS LINKED.
 
The materials on this Website comprise ATL’s views and are designed to provide general information
 
only. Whilst every effort has been made to ensure that the information provided is accurate, it does
 
not constitute legal or other professional advice. It is your responsibility to evaluate (or take
 
professional advice on) the accuracy and completeness of all information, statements, opinions and
 
other material on this Website or any website with which it is linked.
 
Although every reasonable effort has been made to ensure that the information on this Website is
 
accurate at the time of publication, visitors who use this Website and rely on any information do so at
 
their own risk.
 
Some jurisdictions do not allow the exclusion or disclaimer of certain warranties. Accordingly some of
 
the above disclaimers may not apply to you. We do not seek to exclude or limit liability for fraudulent
 
misrepresentation or any other liability which cannot be excluded or limited under applicable law. Your
 
statutory rights, if any, are not affected by these Terms of Use.
 
 
 
Exclusion of liability
 
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS WE, ON BEHALF OF OUR
 
EMPLOYEES, AGENTS, SUPPLIERS, AND CONTRACTORS EXCLUDE LIABILITY FOR ANY
 
LOSSES, DAMAGES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING
 
INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR
 
CONSEQUENTIAL LOSS OR DAMAGES, LOSS OF USE, LOSS OF DATA, LOSS CAUSED BY A
 
VIRUS, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, CLAIMS OF
 
THIRD PARTIES, OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN
 
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN
 
CONNECTION WITH THE USE OF THIS WEBSITE OR ANY WEBSITE WITH WHICH IT IS LINKED.
 
YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA
 
BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY.
 
THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND
 
DAMAGES OF ANY KIND WHATSOEVER, WHETHER THE ALLEGED LIABILITY IS BASED ON
 
CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS. SOME
 
JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OF LIABILITY SET FORTH ABOVE, SO
 
THESE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS
 
LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON,
 
THEN THE AGGREGATE LIABILITY OF ATL, ITS AFFILIATES, SERVICE PROVIDERS AND
 
LICENSORS UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD
 
HAVE BEEN LIMITED, SHALL NOT EXCEED £500. WE DO NOT SEEK TO EXCLUDE OR LIMIT
 
LIABILITY FOR FRAUDULENT MISREPRESENTATION OR ANY OTHER LIABILITY WHICH
 
CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
 
 
 
Indemnity and release
 
You agree to indemnify, release and hold us harmless as well as our officers, directors, agents,
 
representatives and employees from any claim, liability, loss, expense or demand, including legal
 
fees, related to your violation of these Terms of Use or your access or use of this Website or any of
 
the information available through this Website including where such loss was caused directly or
 
indirectly by:
 
a. Your access to or use of the Website; or
 
b. Any contributions made by you (or on your behalf) to the Website (including, without limitation, loss
 
caused by a claim that your contribution infringes the intellectual property or other rights of any
 
person).
 
 
 
Modification and discontinuation
 
We reserve the right at any time and from time to time to modify, edit, delete, suspend or discontinue,
 
temporarily or permanently this Website (or any portion thereof) and/or the information, materials,
 
products and/or services available through this Website (or any part thereof) with or without notice.
 
You agree that we shall not be liable to you or to any third party for any such modification, editing,
 
deletion, suspension or discontinuance of this Website.
 
 
 
Entire understanding
 
These Terms of Use contain the entire understanding between you and us with respect to this
 
Website and no representation, statement, inducement oral or written, not contained herein shall bind
 
any party to this agreement. Our failure to enforce any provision of these Terms of Use shall not be
 
deemed a waiver of such provision nor of the right to enforce such provision.
 
If any provision of these Terms of Use is held by a court of competent jurisdiction to be contrary to
 
law, such provision shall be changed and interpreted so as to best accomplish the objectives of the
 
original provision to the fullest extent allowed by law, and the remaining provisions of these Terms of
 
Use shall remain in full force and effect.
 
 
 
Waiver
 
ATL's failure at any time to require performance of any provision of these Terms of Use or to exercise
 
any right provided for herein shall not be deemed a waiver of such provision or such right. All waivers
 
must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver
 
by ATL of any breach of any provision of these Terms of Use or of any right provided for herein shall
 
be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the
 
provision itself, or a waiver of any right under these Terms of Use.
 
 
 
Law & Jurisdiction
 
The Website is controlled by ATL from its offices within England. Access to, or use of, this Website or
 
information, materials, products and/or services on this Website may be prohibited by law in certain
 
countries or jurisdictions. You are responsible for compliance with any applicable laws of the country
 
from which you are accessing this Website. We make no representation that the information
 
contained herein is appropriate or available for use in other locations outside the United Kingdom.
 
You agree that the substantive laws of England and Wales shall govern any controversy or claim of
 
whatever nature arising out of or relating to the use of this Website, without regard to any conflict of
 
laws provisions. All actions or proceedings arising out of or relating to these Terms of Use, their
 
validity, performance, enforcement or breach, or the subject matter of these Terms of Use shall be
 
heard in the courts of England and Wales and you hereby irrevocably consent and submit yourself to
 
the personal jurisdiction of said courts for all such purposes.
 
Notwithstanding the foregoing, we retain the right to bring legal proceedings in any jurisdiction where
 
we believe that breach of this agreement is taking place or originating.
 
 
 
Contacting us
 
If you have any questions regarding these Terms of Use or any other matter, you may contact us at:
 
Simon Arundel
 
Data Protection Officer
 
Benefact House, 2000, Pioneer Avenue, Gloucester Business Park, Brockworth, Gloucester, GL3 4AW, United Kingdom
 
Tel: 01452 875504

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