In these terms and conditions:
a. “British Heart Foundation" or "BHF” means the British Heart Foundation, a registered charity in England and Wales (225971), and Scotland (SC039426). Registered as a company in England and Wales (699547). Registered address: Greater London House, 180 Hampstead Road, London, NW1 7AW. It also includes British Heart Foundation Ventures Limited, a registered company in England and Wales (2768802767880), a wholly owned trading subsidiary of BHF with the same registered address.
b. “Website” means any website under the ownership or control of BHF from which a link has been created to these terms and conditions and all related domain and microsites;
c. “Material” means all of the information, data, text, graphics, links, or computer code or other material published on, contained or available on the Website; and
b. BHF reserves the right to change these terms and conditions at any time by posting changes online. Your continued use of this Website after changes are posted constitutes your acceptance of the modified terms and conditions.
3. About our Website
a. Access to this Website is permitted on a temporary basis and we reserve the right to withdraw or amend this Website and any Material, products or services on this Website at any time. We do not guarantee that this Website or any content on it will always be available or uninterrupted.
b. The content on this Website is provided for general information only. It is not intended to amount to advice on which you should rely. Before making any decisions based on the content of this Website you are strongly advised to obtain professional or specialist advice. Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up-to-date.
4. Your use of our Website
a. You agree to use this Website only for lawful purposes and in a manner which does not infringe the rights of, or restrict, or inhibit the use and enjoyment of the Website by, any third party. Such restriction includes, without limitation, conduct which may harass, defame or cause distress to any person and the transmission of obscene or offensive material within this Website.
b. You must not misuse our Website 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 Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website 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 Website will cease immediately.
c. 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.
d. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these terms and conditions and that they comply with them. This includes any children or young people for whom you are responsible.
5. Your Personal Information
7. Donations and Payments
a. Although BHF 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.
b. 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.
c. If you have made a donation of money in error please call the Supporter Services team on 0300 330 3322 (Monday to Friday, 9am to 5pm) or email [email protected] and they will be happy to discuss your refund with you. Please note we will not be able to return donated items.
8. Our Products and Services
a. Any purchases from our Website (including our online shop) will be subject to our online shop terms and conditions.
b. Sometimes we may offer free products, services or events through our Website, for example online games or activities, information packs, and local collections. 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 which may apply to such items, whether express or implied.
d. We are currently offering a 10% discount across our Gumtree selection from 00.01 Sunday 1 September 2019 to 23.59 Monday 30 September, valid on donated items only, subject to availability. See below for the specific terms and condition of the offer:
i. the Discount cannot be used in conjunction with any other offer or promotion and cannot be used to purchase gift cards.
ii. the Discount does not apply to delivery fees or services.
iii. returned items will be refunded at the discounted price paid. This does not affect your statutory rights.
iv. the Discount cannot be exchanged for cash and is non-transferable.
v. the BHF reserves the right to (i) cancel this offer at any time; (ii) refuse to allow any individual to participate in the offer; (iii) amend these terms and conditions.
vi. the Discount does not apply to online purchases or New Goods
vii. these terms and conditions shall be governed by and construed in accordance with English law and the English courts shall have exclusive jurisdiction in the event of a dispute.
viii. promoter: British Heart Foundation, Greater London House, 180 Hampstead Road London, NW1 7AW.
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. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Website or any content on it, whether express or implied.
c. We will not be liable for any loss or damage (including loss of data), whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
i. use of, or inability to use, the Website or any Material; or
ii. use of or reliance on any content or information displayed on our Website; or
iii. 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 domestic and private use, and we will have no liability for any loss of profit, loss of business, business interruption, loss of business opportunity, goodwill or reputation or any indirect or consequential losses or damage.
e. BHF does not accept any liability for any loss or damage caused by viruses or any other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any content on it, or on any website linked to it.
f. Please note that our liability in relation to purchased goods will be set out in our Giftshop terms and conditions.
10. Our Online Community
a. The British Heart Foundation online community and other public areas on our Website are public forums so can be viewed by anyone searching the Internet and posts will be indexed by search engines such as Google. Therefore, please be careful what you post – do not post anything confidential, contact details or personal information which could put yourself or someone else at risk. We hope you will make friends within the community but do not share personal information unless you absolutely trust that person is 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 BHF Community Guidelines for more information. Please note that we cannot and do not vet any users or verify their identity.
b. Any communication or material that you transmit to, or post on, any public area of the Website including any data, questions, comments, suggestions or the like is, and will be treated as, non-confidential and non-proprietary information. You are responsible for any content you post, and you must ensure it is legal, not inaccurate or misleading and that you have all necessary third party rights and permissions.
c. We do not tolerate any posts, links or comments which are offensive, threatening, racist or discriminatory and we reserve the right to delete any comments or remove any content that we think is inappropriate or falls short of our standards, and we may block users if needed,
d. Content posted by users will not necessarily represent BHF's views or values and we do not accept responsibility or liability for any content posted by other people.
11. Trade marks, Copyright and Other Rights
a. BHF is the owner or licensee of all intellectual property rights in the Website including the British Heart Foundation name and logo, 'Take Heart', and 'Artie Beat' which are trademarks of the British Heart Foundation as well as any rights in the Material. 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.
b. The names, images and logos identifying the BHF or third parties and their products and services are the proprietary marks of the BHF 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 construed as conferring any licence or right under any trademark or patent of the BHF or any third party.
c. Commercial use or publication of all or any Material is strictly prohibited without prior written authorisation from BHF.
d. You may:
i. print off or download any page(s) from the Website for your personal use; and
ii. copy documents on this Website for personal, non-commercial use only on the condition that copyright and source indications are also copied, no modifications are made and the document is copied entirely.
e. You must NOT:
i. modify the paper or digital copies of any Material 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; or
ii. copy, display or publish 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 BHF.
f. Please note 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 BHF). All rights are reserved on these documents and permission to copy them must be requested from the copyright owners (the sources are indicated within these documents/photographs).
12. Links to Third Party Websites
a. Our Website includes links to external websites. We receive many link requests and only link to sites which we believe provide useful information that will be of interest to our users. All requests will be either granted or refused at the discretion of the BHF online team. We will not enter into any correspondence about decisions. If you would like to request a link to your site please contact us.
b. BHF 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 the BHF 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. We will not be liable for any loss or damage that may arise from your use of those sites.
13. Linking to our Website
Linking to our Website can help communicate valuable information to patients, medical professionals, volunteers and other interested parties about heart disease and related issues. It is not necessary to request permission to link to the Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, although we do reserve the right to request the removal of any link. The BHF logo may not be used without prior written permission, which may be requested by emailing us at [email protected]. A link to the BHF Website must not be used to imply BHF endorsement of the site, related products or services. Your site must not conflict with the aims of the BHF.
14. Fundraising Regulator
a. The BHF proudly works with the Fundraising Regulator. This is because we are committed to the highest standards in fundraising and strive to always work in a way that is effective, open and honest. We are dedicated to raising funds in the most cost effective ways in order to beat heart disease.
b. The Fundraising Regulator is an independent body who set and maintain the standards for charitable fundraising. The board’s primary function is to deal with complaints about fundraising activity from members of the public, allowing people to give to charitable organisations with confidence.
c. By joining the Fundraising Regulator we agree to adhere to the Code of Fundraising Practice and the Fundraising Promise.
These terms and conditions shall be 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.
16. Contact us
Any questions regarding this Website should be sent to the BHF using our contact form or by post to: Digital Team, British Heart Foundation, Greater London House, 180 Hampstead Road, London NW1 7AW.