Portal Terms of Use
About us and these Terms of Use
Welcome to [churchmarketplace.org.uk] (the “Portal”). The
Portal is controlled and operated by Westminster Roman Catholic
Diocese Trustee (the “Archdiocese”, “We”, “Us”, “Our”), registered
charity number 233699, whose registered office is 46 Francis Street,
London, SW1P 1QN. The control and ownership of the Portal is
expected to be transferred to a corporate vehicle or other entity,
of which the members (or equivalent) are expected to be all the
Dioceses of England and Wales and the Bishops’ Conference.
These Terms of Use, together with any changes referred to in clause
3, (“Terms”) govern how you (the “User”) may access, browse and use
the Portal.
By:
- accessing, browsing or otherwise using the Portal by any means and via whatever device; or
- registering your details with Us, you agree to be bound by these Terms.
Some areas of the Portal, or services that are offered via the Portal, may be subject to additional terms and conditions which you should read carefully before making any use of those areas or services. Any such terms will not vary or replace these Terms, unless otherwise expressly stated. If you do not agree to be bound by these Terms then you must not access, browse or otherwise use the Portal in any way.
How to contact Us
If you have any questions, comments or complaints about the Portal please contact Us by email at pm@churchmarketplace.org.uk.
Changes to these Terms of Use
We reserve the right to change these Terms at any time without notice. Accordingly, We encourage you to revisit these Terms regularly to ensure that you are at all times fully aware of them. Any changes will be effective immediately upon posting to the Portal. Your continued access, browsing or other use of the Portal constitutes your agreement to all such amendments.
Privacy and data protection
Full details of how We collect, hold and process information are set out in Our Privacy Policy.
Your registration
Access to some areas of the Portal and/or the services that we offer may be restricted to those who have registered with Us. In order to register you must be over 18 years of age.
It is a condition of use of this Portal that all the details you provide when registering will be correct, current, and complete. If We believe that the details are not correct, current, or complete, We reserve the right to refuse you access to the Portal.
If you register your details and are provided with a password as part of the registration process, you must treat your password as confidential and you must not disclose it to anyone else. We shall be entitled to monitor your password and, at Our discretion, reset or require you to change it.
Access to and use of the Portal
We are the owner or the licensee of all intellectual property rights in the Portal, the material on the Portal (including all text, data, databases, graphics, layout, logos, images, audio material, clips, films or other moving images, algorithms, product or service details and/or software published or otherwise made available on the Portal from time to time) and the trade marks displayed on the Portal (except for those trade marks owned by third parties).
Subject to these Terms, We grant you a limited, temporary, revocable and non-exclusive licence to access, browse and use the Portal for normal business purposes. Where specified on the relevant part of the Portal, the licence granted in these Terms may be limited to a particular period of time and/or may be subject to additional terms and conditions.
Except as set out in the limited licence above (or as required under any applicable law), no part of the Portal may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in full or in part, for any purpose without Our prior written consent. In particular, you are not permitted to republish any part of the Portal on another website, in any other medium (print, electronic or otherwise) or as part of any commercial service without Our prior written permission. All the intellectual property rights referred to above remain owned by Us or Our relevant licensors.
Acceptable use of the Portal
While accessing, browsing and/or using the Portal you must:
- comply with all applicable laws, regulations and codes of practice;
- not impersonate another person or use a false name or email address;
- not impersonate or misrepresent your connection to any other entity or person or otherwise manipulate headers or identifiers to disguise the origin of the content;
- not collect or store personal information regarding other users (unless expressly authorised to do so);
- not solicit funds, advertisers or sponsors, nor make unsolicited approaches to other Users (if you are a supplier of goods and services via the Portal);
- not deep-link to and/or frame or use framing techniques to enclose the Portal, or any part of the Portal, without Our prior written consent;
- not modify, or attempt to modify, all or any part of the content on the Portal;
- not gain or attempt to gain unauthorised access to the Portal, the servers on which the Portal is stored or any third party server, computer or database connected to the Portal;
- not post, transmit, submit, refer to, make
available or link to or from any material which (in Our sole
opinion):
- is untrue, fraudulent, inaccurate or incomplete; and/or
- is obscene, threatening, menacing, offensive, defamatory, abusive, causes annoyance, inconvenience or needless anxiety, is in breach of confidence, in breach of any intellectual property right (including, without limitation, copyright) or otherwise is in breach of or violates any applicable law or regulation or code, and/or
- makes excessive demands for bandwidth; and/or
- disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via the Portal; and/or
- constitutes political campaigning; and/or
- constitutes chain letters or pyramid selling schemes; and/or
- constitutes advertising or any other commercial activity (unless approved or otherwise authorised by Us); and/or
- contains any virus or other harmful code, or which may otherwise impair or harm the Portal or Our computer systems or any third party computer system.
Termination or suspension of your access to the Portal
At any time and without giving you any advance notice, we may permanently or temporarily and for any reason:
- terminate, suspend or deny your access to the Portal (whether in whole or in part); and/or
- remove or edit any content on the Portal at any time, and
in such circumstances all Our liability (as well as the liability of Our directors, employees or agents) for any loss whatsoever arising from Our removing or editing content and/or your limited use of or inability to use the Portal (either in whole or in part) is excluded, insofar as it is possible to do so in law.
Prohibition of reverse engineering and other activities
You must not (and must not permit any third party to) attempt to copy, adapt, reverse engineer, decompile, disassemble, modify, adapt or make error corrections to the Portal or to any software, coding or programming used on the Portal.
Advertising and sponsorship
Parts of the Portal may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Portal complies with all legal and regulatory requirements and does not contain any material which is objectionable including, without limitation, information which is defamatory, obscene, unlawful, threatening or untrue. We are not responsible for any such material or any error or inaccuracy contained in such material and any issues which you may have should be raised directly with the relevant advertiser or sponsor.
Disclaimer
We are not a vendor or a broker – the Portal is a forum that allows prospective purchasers to view products and services offered by a number of selected suppliers in order to assist them to find those products and services that best meet their needs. When a supplier and a purchaser wish to agree to enter into a transaction, those two parties will contract directly. Neither party will enter into any express or implied contract with us by ordering or supplying products or services.
The Portal is provided in good faith as a genuine attempt to facilitate beneficial transactions for both purchasers and suppliers. Nevertheless, we accept no liability for any loss or damage whatsoever caused by error, defect or malfunction in the Portal (including where information has become out of date), nor for the contents of any postings, transmissions, bulletin boards or similar made by users on or via the Portal.
All information and/or data on the Portal is provided on an “as
is” basis and for your information only. Except to the extent
required by law, no representations, warranties or terms of any kind
are made (or shall be implied by statute or otherwise) in respect of
the Portal or the content, including, without limitation, accuracy,
adequacy, conformity to description or fitness for any particular
purpose and, to the extent permitted by law, all of the same are
expressly excluded.
We give no warranty or guarantee: (a) relating to the availability
of the Portal; or (b) that the Portal and/or Our operation of it,
the content or the servers that make the Portal available, are error
or virus free or free of other harmful components; or (c) that your
use of the Portal will be uninterrupted.
Limitation of liability
You agree that We, Our officers, trustees, employees and agents will not be responsible or liable (whether in contract, tort or otherwise), under any circumstances for any amount or kind of loss or damage (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any anticipated loss of profit, loss of profit, loss of opportunity, loss of data, costs and fines and/or any special or incidental damages of any kind) that may result to you or a third party arising from or connected in any way to:
- interruption of business; or
- access or other delays, terminations, suspensions, denials or access interruptions to the Portal; or
- data non-delivery, data misdelivery, data corruption, destruction of data or other modification of data; or
- third party websites accessed by links on the Portal; or
- reliance on the information contained on the Portal; or
- computer viruses, system failures or malfunctions which may occur in connection with your use of the Portal; or
- any inaccuracies, omissions or misleading, false or deceptive statement in the content on the Portal; or
- events beyond our reasonable control.
Notwithstanding any provision of these Terms, We do not exclude or limit Our liability for:
- death or personal injury caused by Our negligence or that of any of Our officers, employees or agents; or
- fraud or fraudulent misrepresentation; or
- any liability which it is not lawful to exclude either now or in the future.
Indemnity
You will indemnify, and will keep indemnified, Us, Our directors, employees and agents on demand against all claims, costs, proceedings, demands, losses, damages, expenses (including legal expenses) or liability whatsoever arising directly or indirectly as a result of:
- any breach of these Terms by you; or
- your fault, negligence or breach of statutory duty; or
- your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure (whether owned by, leased or licensed to Us) or that of any of Our suppliers.
Enforcement
If the whole or any part of any provision of these Terms is or
becomes invalid, void or unenforceable for any reason the same shall
to the extent required be severed from these Terms and rendered
ineffective so far as is possible without modifying the remaining
provisions of these Terms and shall in no way affect the validity or
enforceability of any other provisions.
These Terms supersede all prior agreements, arrangements and
understandings between you and us concerning the Portal and,
together with any other terms referred to in these Terms, constitute
the entire agreement between you and Us in respect of the access,
browsing and use of the Portal.
Waiver
No waiver by Us of any breach of these Terms shall constitute a waiver of any other prior or subsequent breach and We shall not be affected by any delay, failure or omission to enforce or express forbearance granted in respect of any of your obligations.
Third party rights
These Terms are not intended to create and shall not create any rights, entitlements, claims or benefits enforceable by any third party by virtue of the Contracts (Rights of Third Parties) Act 1999.
