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Terms of use

Terms of Website Use

This page (together with the documents referred to on it) tells you the terms of use on which you may make use of our website www.benenden.co.uk (our site), whether as a guest or a registered user. Please read these terms of use carefully before you start to use our site. By using our site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our site.

Our privacy policy

Privacy Policy

Information about us

www.benenden.co.uk is a site operated by the Benenden Healthcare Society Limited ("we, us"). We are an incorporated friendly society registered under the Friendly Societies Act 1992 registered number 480F. Our registered address is of Holgate Park Drive York YO26 4GGB and we are registered with the Office of the Information Commissioner under registration number Z4926433. Also represented on this website are our subsidiary organisations, Benenden Wellbeing Limited, The Benenden Charitable Trust, The Friendly Healthcare Organisation Limited and The Benenden Hospital Trust. Jointly, we are “Benenden”.

Accessing our site

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.

Changes to our site

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.

Reliance on information posted

Whilst we endeavour to ensure that the information contained on our site is true and accurate, we cannot give any guarantee, condition or warranty to that effect. We cannot be responsible for the consequences of reliance on that information, and any information of an advisory nature is general only and cannot be regarded as applicable to a specific case. We therefore disclaim all liability and responsibility arising from any reliance placed on such information by a visitor or user of our site, or by anyone who may be informed of any of its contents. However this disclaimer is not intended to affect your statutory rights. In particular, please note that we cannot accept any responsibility for the contents of materials viewable from this site which are not provided or maintained by us. These materials may be provided by (but are not limited to) links, frames and portals.

Intellectual property rights

Except as where identified as being the intellectual property of any other person, we 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.

Whilst the pages from our site may be downloaded or copied for the purposes for which our site is intended, such copies may only be used by you and within your organisation, and not for any commercial use without express consent from us or our licensors. 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. All copyrights and trade mark notices, marks, disclaimers and other such elements must be preserved and upheld at all times. 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.

Liability

To the extent permitted by law, we, other members of our group and our officers, directors, employees, agents and assigns hereby expressly exclude: (i) all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and (ii) all liability for any loss, cost or damage (direct, indirect, consequential or otherwise) suffered by any user in connection with the use or inability to use our site, any websites linked to it and any materials posted on it, whether caused by tort (including negligence), breach of contract or otherwise, even if we are expressly informed of the possibility of such loss or damage.

Subject to the below, in no event shall our total liability to you for all damages, costs, losses and causes of action in the aggregate (whether in contract, tort, including but not limited to negligence, or otherwise) arising from the terms of use, including our privacy policy, or use of our site exceed, in the aggregate, £1,000 (GBP).

Nothing in these terms of use shall exclude or limit our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation, or any other liability which cannot be excluded or limited under applicable law.

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.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.

Linking to our site

You may link to our home page, 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.

If you wish to make any use of material on our site other than that set out above, please address your request to online@benenden.co.uk

Links 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.

Jurisdiction and applicable law

The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site.

These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

Variations

We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.

Contact us

If you have any comments about our site, please contact online@benenden.co.uk

Thank you for visiting our site.

April 2015