Terms & Conditions

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE TERMS OF WEBSITE USE

These terms of use (together with the documents referred to in it) tells you the terms of use on which you may make use of our website www.ashgatehospice.org (our site), whether as a guest or a registered user. Use of our site includes accessing, browsing, or registering to use our site.

Please read these terms of use carefully before you start to use our site, as these will apply to your use of our site. We recommend that you print a copy of this for future reference.

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 of use, you must not use our site.

OTHER APPLICABLE TERMS

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

— Our Privacy Policy sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

—Our Cookie Policy which sets out information about the cookies on our site.

 

INFORMATION ABOUT US

www.ashgatehospice.org is a site operated by The Ashgate Hospice (We). We are a registered charity in England and Wales under charity number 700636. Our address is Ashgate Road, Chesterfield, Derbyshire S42 7JD.

CHANGES TO THESE TERMS

We may revise these terms of use at any time by amending this page.

Please check this page from time to time to take notice of any changes we made, as they are binding on you.

CHANGES TO OUR SITE

We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it.

 

We do not guarantee that our site, or any content on it, will be free from errors or omissions.

You use the site at your risk and we take no responsibility for your use of it.

ACCESSING OUR SITE

Our site is made available free of charge.

We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.

You are resPLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE TERMS OF WEBSITE USE

These terms of use (together with the documents referred to in it) tells you the terms of use on which you may make use of our website www.ashgatehospice.org (our site), whether as a guest or a registered user. Use of our site includes accessing, browsing, or registering to use our site.

Please read these terms of use carefully before you start to use our site, as these will apply to your use of our site. We recommend that you print a copy of this for future reference.

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 of use, you must not use our site.

OTHER APPLICABLE TERMS

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

— Our Privacy Policy sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

—Our Cookie Policy which sets out information about the cookies on our site.

 

INFORMATION ABOUT US

www.ashgatehospice.org is a site operated by The Ashgate Hospice (We). We are a registered charity in England and Wales under charity number 700636. Our address is Ashgate Road, Chesterfield, Derbyshire S42 7JD.

CHANGES TO THESE TERMS

We may revise these terms of use at any time by amending this page.

Please check this page from time to time to take notice of any changes we made, as they are binding on you.

CHANGES TO OUR SITE

We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it.

ponsible 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 of use and other applicable terms and conditions, and that they comply with them.

YOUR ACCOUNT AND PASSWORD

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. 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 reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at rebecca.littlewood@ashgatehospice.nhs.uk

INTELLECTUAL PROPERTY RIGHTS

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.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.

 

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 content on our site must always be acknowledged.

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.

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. You use any such material on an ‘as is’ basis, and we make no representations, warranties or guarantees, whether express or implied, in relation to such material.

NO RELIANCE ON INFORMATION

The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, 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.

LIMITATION OF OUR LIABILITY

Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.

We will not be liable to any user 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:

— direct, indirect or consequential loss or damage;

— loss of income or revenue;

— loss of business;

— loss of profits or contracts;

— loss of anticipated savings;

— loss of data;

— loss of goodwill;

— wasted management or office time; and

— for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property caused by your visit to our site.

We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage t

ACCEPTABLE USE POLICY

Prohibited Uses

You may use our site only for lawful purposes and only in so far as is necessary to gain information about The Ashgate Hospice. You may not use our site:

— In any way that breaches any applicable local, national or international law or regulation.

— In any way that is offensive, unlawful or fraudulent, or has any offensive, unlawful or fraudulent purpose or effect.

— For the purpose of harming or attempting to harm minors in any way.

— To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards.

— To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).

— To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:

— Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our terms of website use.

 

Not to access without authority, interfere with, damage or disrupt:

— any part of our site;

— any equipment or network on which our site is stored;

— any software used in the provision of our site; or

— any equipment or network or software owned or used by any third party.

 

Uploading Content to our Site

Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with our content standards.

Any content you upload to our site will be considered non-confidential and non-proprietary and you must ensure that we have the right to use, store and copy that content and to distribute and make it available to third parties.

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy, or where otherwise required by an internet service provider, government or regulator.

We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our site.

We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in these terms.

The views expressed by other users on our site do not represent our views or values.

Interactive Services

We may from time to time provide interactive services on our site, including, without

limitation:

— Chat rooms.

— Bulletin boards.

— News stories

— New fundraising marketing

— Email responses

— Email notifications

Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).

We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.

The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.

Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

Content Standards

These content standards apply to any and all material which you contribute to our site (contributions), and to any interactive services associated with it, as well as any website in which you link to our home page. You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole.

Contributions must:

— Be accurate (where they state facts).

— Be genuinely held (where they state opinions).

— Comply with applicable law in the UK and in any

country from which they are posted.

Contributions must not:

— Contain any material which is defamatory of any person.

— Contain any material which is obscene, offensive, hateful or inflammatory.

— Promote sexually explicit material.

— Promote violence.

— Promote discrimination based on race, sex, religion, nationality, disability, sexual

orientation or age.

— Infringe any copyright, database right or trade mark of any other person.

— Be likely to deceive any person.

— Be made in breach of any legal duty owed to a third party, such as a contractual duty or a

duty of confidence.

— Promote any illegal activity.

— Be threatening, abuse or invade anothers privacy, or cause annoyance, inconvenience or

needless anxiety.

— Be likely to harass, upset, embarrass, alarm or annoy any other person.

— Be used to impersonate any person, or to misrepresent your identity or affiliation with any

person.

— Give the impression that they emanate from us, if this is not the case.

— Advocate, promote or assist any unlawful act such as (by way of example only) copyright

infringement or computer misuse.

 

 

Suspension and Termination

We will determine, in our discretion, whether there has been a breach of this acceptable use

policy through your use of our site. When a breach of this acceptable use policy has occurred,

we may take such action as we deem appropriate.

Failure to comply with this acceptable use policy constitutes a material breach of the terms of

use upon which you are permitted to use our site, and may result in our taking all or any of

the following actions:

— Immediate, temporary or permanent withdrawal of your right to use our site.

— Immediate, temporary or permanent removal of any posting or material uploaded by you

to our site.

— Issue of a warning to you

— Legal proceedings against you for reimbursement of all costs on an indemnity basis

(including, but not limited to, reasonable administrative and legal costs) resulting from the

breach.

— Further legal action against you.

— Disclosure of such information to law enforcement authorities as we reasonably feel is

necessary.

 

We exclude liability for actions taken in response to breaches of this acceptable use policy.

The responses described in these are not limited, and we may take any other action we

reasonably deem appropriate.

 

 

VIRUSES

We do not guarantee that our site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and

platform in order to access our site. You should use your own virus protection software.

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.

 

 

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.

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 to our site in 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.

The website in which you are linking must comply in all respects with the content standards

set out in our acceptable use policy.

If you wish to make any use of content on our site other than that set out above, please

contact rebecca.littlewood@ashgatehospice.nhs.uk

 

 

THIRD PARTY LINKS AND RESOURCES IN 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.

 

TEXT DONATIONS

Text terms and conditions

Data protection
Your data will be handled in accordance with the Data Protection Act 1998 and will only be used to keep you informed about our fundraising, activities, events and services. We will not share your information with any third party organisations except where such transfer is a necessary part of our activities, or we are required to do so by operation of law.

100% of your donation will go to Ashgate Hospicecare, registration number – 700636

Message Limits
There is no limit on the number of times you may make a donation via text but there is a daily limit of £30 on text donations. You will not be able to donate more by text from the same number on the same day, but you may still incur your standard network message charge if you try.

Warrantees
Ashgate Hospice does not accept any responsibility whatsoever for any technical failure, malfunction, congestion, capacity issues or any other problem with any telephone, telephone network or line, system, server, provider or otherwise which may result in any text being lost, delayed or not properly received and recorded.

Premium Text Codes 

Premium text codes may be used by Ashgate Hospicecare to generate donations through text. In these instances, the full amount of the donation will be clearly stated on our marketing materials. This service can only be used from a UK mobile and does not include Channel Islands or Isle of Man mobile networks. If you donate using this service from a UK mobile abroad you may incur additional network charges.

If you are a UK taxpayer, we can claim an additional 25p in Gift Aid from the Government for every £1 you donate. And it doesn’t cost you a penny! To help us claim this, we may send you a follow up text to ask if you want to Gift Aid your donation. For us to claim Gift Aid, you must pay UK income or capital gains tax this year (this does not include VAT or council tax) at least equal to the amount reclaimed on all your charitable donations and understand that, if you pay less income tax or capital gains tax in the current tax year than the amount of Gift Aid claimed on all your charity donations, it is your responsibility to pay any difference.

If your keyword or short code is invalid, or if your message is received outside the times and dates of the service, you may not receive a confirmation text message or messages but may still be charged your standard network message charge

All supporters must obtain permission from the bill payer before sending a text message. If you are under 16 years old, you must have your parent or guardian’s permission to send a text donation to us.

Ashgate Hospicecare and their sub-contractors, subsidiaries and/or agencies cannot accept any responsibility whatsoever for any technical failure or malfunction or any other problem with any telephone network or line, system, server, provider or otherwise which may result in any text being lost or not properly received.

Ashgate Hospicecare is a registered charity – Registered Charity Number 700636

Non-Premium Keywords

Non-Premium keywords may be used by Ashgate Hospicecare through the InstaGiv platform for marketing/data collection purposes. In these instances no donation or amount of money will be taken by Ashgate Hospicecare. However, you may still receive the standard network message charge depending on your network mobile provider.
You will not be charged for any follow up messages received from Ashgate Hospicecare.

If you have any questions in regards to text giving, please feel to email jack.wood@ashgatehospicecare.org.uk

APPLICABLE LAW

The English courts will have exclusive jurisdiction over any claim arising from, or related to,

a visit to our site, although we retain the right to bring proceedings against you for breach of

these conditions in your country of residence or any other relevant country.

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.

 

TRADE MARKS

“Ashgate Hospice” and “Ashgate Hospicecare” are UK registered trade marks of Ashgate

Hospice.

 

 

CONTACT US

To contact us, please email info@ashgatehospice.nhs.uk

 

Thank you for visiting our site.