Northern Viaduct Trust Limited Terms & Conditions for Use of this Website
www.edenviaducts.org.uk is the website of the Northern Viaduct Trust Limited. These are the terms and conditions (Terms) which govern your use of the website.
For the purpose of these Terms “mobile device” includes a smartphone or other mobile or handheld device (such as a tablet) with an open operating system capable of exchanging data via 3G, 4G or wirelessly over a computer network (for example Apple OS iPhones, iPads, Kindle, Kindle Fire, Android OS phones tablets and Symbian OS phones and tablet devices).
These Terms apply regardless of whatever user device you are using (including desktop, laptop or mobile web browser, digital television, mobile phones, automobile-based personal computers, handheld digital devices, and any other mobile device or technology whether now known or developed in the future).
You will be deemed to have agreed to be bound by these Terms when you use, access or browse the website, register your details with us or subscribe for email, newsletter or online services or send us an email.
For the purposes of these Terms: “Content” includes all or part of any text, graphics, layout, logos, images, audio material, films or other moving images, product details and/or software published or otherwise available on the website from time to time (including, anything made available for download); “including” and its derivations mean “including, without limitation”; “material” includes all or part of any text, graphics, layout, logos, images, audio material, films or other moving images; and “Trade Marks” means the trade marks, logos and service marks (whether or not registered) displayed on the website.
Changes to these Terms
We may change these Terms from time to time. Please check these Terms regularly as any changes are effective immediately upon posting to the Site. Your continued use of the site after posting will be deemed acceptance of the changes.
The website is operated by or on behalf of Northern Viaduct Trust Limited. We are a company limited by guarantee and registered in England and Wales with the company registration number 2351482. We are also a registered charity with the charity number 702573. Our registered office address is Intake, Mallerstang, Kirkby Stephen, CA17 4JX. You can contact us by telephone on 07341 838653.
Provides access to our newsletter and other email services and is restricted to users who have registered their details with us. You must not use a false name or email or provide any false information nor impersonate another person when registering for use of the website and our email services.
We are the owner or the licensee of all intellectual property rights in the website the Content and the Trade Marks. Subject to these Terms, we grant you a limited, temporary, revocable, and non-exclusive licence to access, browse and use the website (including the Content and Trade Marks) in accordance with the below.
Access and use of the Website
You may use the website for personal non-commercial use only. You may only download and print extracts of the Content for your own personal non-commercial use.
You may not:
- download or print any Content or extracts in a systematic or regular manner or otherwise so as to create a database in electronic or paper form comprising all or part of the Content from the website; nor
- reproduce, republish, modify, archive, distribute, store, archive or commercially exploit the Content without our prior written consent; nor
- modify or adapt or create derivative works of the Content; nor
- systematically forward links to this website for business purposes; nor
- copy or extract data from this website by means of robots, spiders, crawlers or other automatic devices or by any manual process used to systematically extract or copy web content.; nor
- sell, rent or sub-license material from the website; nor
- show any material from the website in public; nor
- edit or otherwise modify any material on the website
You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.
You must not use our website for any purposes related to marketing without our express written consent.
Data Protection and Privacy
Third party links
The website contains hypertext links to third party websites. We are not responsible for, nor do we endorse in any way such third party websites or their content. If you decide to access any of the third party websites linked to the website, you do so entirely at your own risk.
Advertising and Sponsorship
Parts of the website may contain advertising and sponsorship. Advertisers and sponsors are solely responsible for ensuring that material submitted for inclusion on the website complies with all legal and regulatory requirements and does not contain any material which is objectionable including, without limit, information which is defamatory, obscene, 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.
Promotions, competitions and prize draws
From time to time we may run competitions, free prize draws and/or other promotions on the website. Any such competitions, prize draws and/or other promotions will be subject to additional terms and conditions that will be made available to you at the relevant time.
Exclusions and limitations of liability
All information and/or data on the website is provided on an “as is” basis. Save 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 website or the Content, including, without limitation, warranties of satisfactory quality, conformity to contract, accuracy, adequacy, conformity to description or fitness for any particular purpose.
We do not give any warranty or guarantee relating to availability of the website or that the website and/or our operation of it, the Content or the server that makes the website available are error or virus free or free of other harmful components or that your use of the website and/or the Content will be uninterrupted.
You agree that Northern Viaduct Trust Limited, its directors, trustees, employees, agents or other representatives, data providers or affiliates 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 Site; or
- data non-delivery, data misdelivery, data corruption, destruction of data or other modification of data; or
- third party website links on the website; or
- reliance on the information contained on the website; or
- computer viruses, system failures or malfunctions which may occur in connection with your use of the website; or
- any inaccuracies, omissions or misleading, false or deceptive statement in the Content; or
- events beyond our reasonable control.
Notwithstanding any provision of these Terms, Northern Viaduct Trust Limited does not exclude or limit its liability for:
- death or personal injury caused by its negligence or that of any of its officers, employees or agents; or
- fraudulent misrepresentation; or
- any liability which it is not lawful to exclude either now or in the future.
To the extent that the website and the information and services on the website are provided free-of-charge, we will not be liable for any loss or damage of any nature.
You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms and conditions.
Breaches of these terms and conditions
Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
Any contractual or legal relationship between you and Northern Viaduct Trust Limited will be concluded in English.
All notices shall be given by e-mail. Notice will be deemed received 24 hours after e-mail is sent.
These Terms (together with any variations to them) form the entire agreement between the parties concerning your access to, browsing and/or use of the website and supersede all prior agreements, arrangements, understandings and representations made between us (whether written or oral) concerning the website.
The licence granted herein is personal to you and may not be assigned, transferred or sub-licensed (in whole or in part) without our prior written consent.
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.
No waiver by us of any breach of these Terms shall constitute a waiver of any other prior or subsequent breach and Northern Viaduct Trust Limited shall not be affected by any delay, failure or omission to enforce or express forbearance granted in respect of any of your obligations.
The rights and remedies of Northern Viaduct Trust Limited under these Terms are independent, cumulative and without prejudice to its rights under the law.
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.
These Terms and/or your use of the website shall be governed by and construed in accordance with English law and the English Courts shall have exclusive jurisdiction over any dispute which may arise.