Terms of Service
Last updated April 01, 2025
AGREEMENT TO OUR LEGAL TERMS
We are Chesterfield Community First Responders ('Charity', 'we', 'us', or
'our'), a charity operating in the United Kingdom.
We operate the website https://firstresponders-nhs.uk (the 'Site'), as well as
any other related products and services that refer or link to these legal terms
(the 'Legal Terms') (collectively, the 'Services').
You can contact us by email at chesterfield@firstresponders-nhs.uk.
These Legal Terms constitute a legally binding agreement made between you,
whether personally or on behalf of an entity ('you'), and Chesterfield
Community First Responders, concerning your access to and use of the Services.
You agree that by accessing the Services, you have read, understood, and agreed
to be bound by all of these Legal Terms.
IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY
PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
We will provide you with prior notice of any scheduled changes to the Services
you are using. The modified Legal Terms will become effective upon posting or
notifying you by chesterfield@firstresponders-nhs.uk,
as stated in the email message. By continuing to use the Services after the
effective date of any changes, you agree to be bound by the modified terms.
The Services are intended for users who are at least 18 years old. Persons
under the age of 18 are not permitted to use or register for the Services.
We recommend that you print a copy of these Legal Terms for your records.
TABLE OF CONTENTS
1. OUR SERVICES
2. INTELLECTUAL PROPERTY RIGHTS
3. USER REPRESENTATIONS
4. USER REGISTRATION
5. PROHIBITED ACTIVITIES
6. USER GENERATED CONTRIBUTIONS
7. CONTRIBUTION LICENCE
8. SOCIAL MEDIA
9. THIRD-PARTY WEBSITES AND CONTENT
10. SERVICES MANAGEMENT
11. PRIVACY POLICY
12. COPYRIGHT INFRINGEMENTS
13. TERM AND TERMINATION
14. MODIFICATIONS AND INTERRUPTIONS
15. GOVERNING LAW
16. DISPUTE RESOLUTION
17. CORRECTIONS
18. DISCLAIMER
19. LIMITATIONS OF LIABILITY
20. INDEMNIFICATION
21. USER DATA
22. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
23. SMS TEXT MESSAGING
24. MISCELLANEOUS
25. CONTACT US
1. OUR SERVICES
The information provided when using the Services is not intended for
distribution to or use by any person or entity in any jurisdiction or country
where such distribution or use would be contrary to law or regulation or which
would subject us to any registration requirement within such jurisdiction or
country. Accordingly, those persons who choose to access the Services from
other locations do so on their own initiative and are solely responsible for
compliance with local laws, if and to the extent local laws are applicable.
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual property
We are the owner or the licensee of all intellectual property rights in our
Services, including all source code, databases, functionality, software,
website designs, audio, video, text, photographs, and graphics in the Services
(collectively, the 'Content'), as well as the trademarks, service marks, and
logos contained therein (the 'Marks').
Our Content and Marks are protected by copyright and trademark laws (and
various other intellectual property rights and unfair competition laws) and
treaties around the world.
The Content and Marks are provided in or through the Services 'AS IS' for your
personal, non-commercial use or internal business purpose only.
Your use of our Services
Subject to your compliance with these Legal Terms, including the 'PROHIBITED
ACTIVITIES' section below, we grant you a non-exclusive, non-transferable,
revocable licence to: access the Services; and download or print a
copy of any portion of the Content to which you have properly gained access,
solely for your personal, non-commercial use or internal business purpose.
Except as set out in this section or elsewhere in our Legal Terms, no part of
the Services and no Content or Marks may be copied, reproduced, aggregated,
republished, uploaded, posted, publicly displayed, encoded, translated,
transmitted, distributed, sold, licensed, or otherwise exploited for any
commercial purpose whatsoever, without our express prior written permission.
If you wish to make any use of the Services, Content, or Marks other than as
set out in this section or elsewhere in our Legal Terms, please address your
request to: chesterfield@firstresponders-nhs.uk. If we ever grant you the
permission to post, reproduce, or publicly display any part of our Services or
Content, you must identify us as the owners or licensors of the Services,
Content, or Marks and ensure that any copyright or proprietary notice appears
or is visible on posting, reproducing, or displaying our Content.
We reserve all rights not expressly granted to you in and to the Services,
Content, and Marks.
Any breach of these Intellectual Property Rights will constitute a material
breach of our Legal Terms and your right to use our Services will terminate
immediately.
Your submissions and contributions
Please review this section and the 'PROHIBITED ACTIVITIES' section carefully
prior to using our Services to understand the (a) rights you give us and (b)
obligations you have when you post or upload any content through the Services.
Submissions: By directly sending us any question, comment,
suggestion, idea, feedback, or other information about the Services
('Submissions'), you agree to assign to us all intellectual property rights in
such Submission. You agree that we shall own this Submission and be entitled to
its unrestricted use and dissemination for any lawful purpose, commercial or
otherwise, without acknowledgment or compensation to you.
Contributions: The Services may invite you to chat, contribute to, or
participate in blogs, message boards, online forums, and other functionality
during which you may create, submit, post, display, transmit, publish,
distribute, or broadcast content and materials to us or through the Services,
including but not limited to text, writings, video, audio, photographs, music,
graphics, comments, reviews, rating suggestions, personal information, or other
material ('Contributions'). Any Submission that is publicly posted shall also
be treated as a Contribution.
You understand that Contributions may be viewable by other users of the
Services and possibly through third-party websites.
When you post Contributions, you grant us a licence (including use of your
name, trademarks, and logos): By posting any Contributions, you grant us an
unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable,
royalty-free, fully-paid, worldwide right, and licence to: use, copy,
reproduce, distribute, sell, resell, publish, broadcast, retitle, store,
publicly perform, publicly display, reformat, translate, excerpt (in whole or
in part), and exploit your Contributions (including, without limitation, your
image, name, and voice) for any purpose, commercial, advertising, or otherwise,
to prepare derivative works of, or incorporate into other works, your
Contributions, and to sublicence the licences granted in this section. Our use
and distribution may occur in any media formats and through any media channels.
This licence includes our use of your name, company name, and franchise name,
as applicable, and any of the trademarks, service marks, trade names, logos,
and personal and commercial images you provide.
You are responsible for what you post or upload: By sending us
Submissions and/or posting Contributions through any part of the Services or
making Contributions accessible through the Services by linking your account
through the Services to any of your social networking accounts,
you: confirm that you have read and agree with our 'PROHIBITED ACTIVITIES'
and will not post, send, publish, upload, or transmit through the Services any
Submission nor post any Contribution that is illegal, harassing, hateful,
harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to
any person or group, sexually explicit, false, inaccurate, deceitful, or
misleading; to the extent permissible by applicable law, waive any and all
moral rights to any such Submission and/or Contribution; warrant that any
such Submission and/or Contributions are original to you or that you have the
necessary rights and licences to submit such Submissions and/or Contributions
and that you have full authority to grant us the above-mentioned rights in
relation to your Submissions and/or Contributions; and warrant and
represent that your Submissions and/or Contributions do not constitute
confidential information.
You are solely responsible for your Submissions and/or Contributions and you
expressly agree to reimburse us for any and all losses that we may suffer
because of your breach of(a) this section, (b) any third party’s intellectual
property rights, or (c) applicable law.
We may remove or edit your Content: Although we have no obligation to monitor
any Contributions, we shall have the right to remove or edit any Contributions
at any time without notice if in our reasonable opinion we consider such
Contributions harmful or in breach of these Legal Terms. If we remove or edit
any such Contributions, we may also suspend or disable your account and report
you to the authorities.
Copyright infringement
We respect the intellectual property rights of others. If you believe that any
material available on or through the Services infringes upon any copyright you
own or control, please immediately refer to the 'COPYRIGHT INFRINGEMENTS'
section below.
3. USER REPRESENTATIONS
By using the Services, you represent and warrant that:
(1) all registration information you submit will be true, accurate, current,
and complete;
(2) you will maintain the accuracy of such information and promptly update such
registration information as necessary;
(3) you have the legal capacity and you agree to comply with these Legal Terms;
(4) you are nota minor in the jurisdiction in which you reside;
(5) you will not access the Services through automated or non-human means,
whether through a bot, script or otherwise;
(6) you will not use the Services for any illegal or unauthorised purpose; and
(7) your use of the Services will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or
incomplete, we have the right to suspend or terminate your account and refuse
any and all current or future use of the Services (or any portion thereof).
4. USER REGISTRATION
You may be required to register to use the Services. You agree to keep your
password confidential and will be responsible for all use of your account and
password. We reserve the right to remove, reclaim, or change a username you
select if we determine, in our sole discretion, that such username is
inappropriate, obscene, or otherwise objectionable.
5. PROHIBITED ACTIVITIES
You may not access or use the Services for any purpose other than that for
which we make the Services available. The Services may not be used in
connection with any commercial endeavours except those that are specifically
endorsed or approved by us.
As a user of the Services, you agree not to:
• Systematically retrieve data or other content from the Services to create or
compile, directly or indirectly, a collection, compilation, database, or
directory without written permission from us.
• Trick, defraud, or mislead us and other users, especially in any attempt to
learn sensitive account information such as user passwords.
• Circumvent, disable, or otherwise interfere with security-related features of
the Services, including features that prevent or restrict the use or copying of
any Content or enforce limitations on the use of the Services and/or the
Content contained therein.
• Disparage, tarnish, or otherwise harm, in our opinion, us and/or the
Services.
• Use any information obtained from the Services in order to harass, abuse, or
harm another person.
• Make improper use of our support services or submit false reports of abuse or
misconduct.
• Use the Services in a manner inconsistent with any applicable laws or
regulations.
• Engage in unauthorised framing of or linking to the Services.
• Upload or transmit (or attempt to upload or to transmit) viruses, Trojan
horses, or other material, including excessive use of capital letters and
spamming (continuous posting repetitive text), that interferes with any party’s
uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts,
alters, or interferes with the use, features, functions, operation, or
maintenance of the Services.
• Engage in any automated use of the system, such as using scripts to send
comments or messages, or using any data mining, robots, or similar data
gathering and extraction tools.
• Delete the copyright or other proprietary rights notice from any Content.
• Attempt to impersonate another user or person or use the username of another
user.
• Upload or transmit (or attempt to upload or to transmit) any material that
acts as a passive or active information collection or transmission mechanism,
including without limitation, clear graphics interchange formats ('gifs'), 1×1
pixels, web bugs, cookies, or other similar devices (sometimes referred to as
'spyware' or 'passive collection mechanisms' or 'pcms').
• Interfere with, disrupt, or create an undue burden on the Services or the
networks or services connected to the Services.
• Harass, annoy, intimidate, or threaten any of our employees or agents engaged
in providing any portion of the Services to you.
• Attempt to bypass any measures of the Services designed to prevent or
restrict access to the Services, or any portion of the Services.
• Copy or adapt the Services' software, including but not limited to Flash,
PHP, HTML, JavaScript, or other code.
• Except as permitted by applicable law, decipher, decompile, disassemble, or
reverse engineer any of the software comprising or in any way making up a part
of the Services.
• Except as may be the result of standard search engine or Internet browser
usage, use, launch, develop, or distribute any automated system, including
without limitation, any spider, robot, cheat utility, scraper, or offline
reader that accesses the Services, or use or launch any unauthorised script or
other software.
• Use a buying agent or purchasing agent to make purchases on the Services.
• Make any unauthorised use of the Services, including collecting usernames and/or
email addresses of users by electronic or other means for the purpose of
sending unsolicited email, or creating user accounts by automated means or
under false pretences.
• Use the Services as part of any effort to compete with us or otherwise use
the Services and/or the Content for any revenue-generating endeavour or
commercial enterprise.
• Use the Services to advertise or offer to sell goods and services.
• Sell or otherwise transfer your profile.
6. USER GENERATED CONTRIBUTIONS
The Services may invite you to chat, contribute to, or participate in blogs,
message boards, online forums, and other functionality, and may provide you
with the opportunity to create, submit, post, display, transmit, perform,
publish, distribute, or broadcast content and materials to us or on the
Services, including but not limited to text, writings, video, audio,
photographs, graphics, comments, suggestions, or personal information or other
material (collectively, 'Contributions'). Contributions may be viewable by
other users of the Services and through third-party websites. As such, any
Contributions you transmit may be treated as non-confidential and
non-proprietary. When you create or make available any Contributions, you
thereby represent and warrant that:
• The creation, distribution, transmission, public display, or performance, and
the accessing, downloading, or copying of your Contributions do not and will
not infringe the proprietary rights, including but not limited to the
copyright, patent, trademark, trade secret, or moral rights of any third party.
• You are the creator and owner of or have the necessary licences, rights,
consents, releases, and permissions to use and to authorise us, the Services,
and other users of the Services to use your Contributions in any manner
contemplated by the Services and these Legal Terms.
• You have the written consent, release, and/or permission of each and every
identifiable individual person in your Contributions to use the name or
likeness of each and every such identifiable individual person to enable
inclusion and use of your Contributions in any manner contemplated by the
Services and these Legal Terms.
• Your Contributions are not false, inaccurate, or misleading.
• Your Contributions are not unsolicited or unauthorised advertising,
promotional materials, pyramid schemes, chain letters, spam, mass mailings, or
other forms of solicitation.
• Your Contributions are not obscene, lewd, lascivious, filthy, violent,
harassing, libellous, slanderous, or otherwise objectionable (as determined by
us).
• Your Contributions do not ridicule, mock, disparage, intimidate, or abuse
anyone.
• Your Contributions are not used to harass or threaten (in the legal sense of
those terms) any other person and to promote violence against a specific person
or class of people.
• Your Contributions do not violate any applicable law, regulation, or rule.
• Your Contributions do not violate the privacy or publicity rights of any
third party.
• Your Contributions do not violate any applicable law concerning child
pornography, or otherwise intended to protect the health or well-being of
minors.
• Your Contributions do not include any offensive comments that are connected
to race, national origin, gender, sexual preference, or physical handicap.
• Your Contributions do not otherwise violate, or link to material that
violates, any provision of these Legal Terms, or any applicable law or
regulation.
Any use of the Services in violation of the foregoing violates these Legal
Terms and may result in, among other things, termination or suspension of your
rights to use the Services.
7. CONTRIBUTION LICENCE
By posting your Contributions to any part of the Services or making
Contributions accessible to the Services by linking your account from the
Services to any of your social networking accounts, you automatically grant,
and you represent and warrant that you have the right to grant, to us an
unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable,
royalty-free, fully-paid, worldwide right, and licence to host, use, copy,
reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store,
cache, publicly perform, publicly display, reformat, translate, transmit,
excerpt (in whole or in part), and distribute such Contributions (including,
without limitation, your image and voice)for any purpose, commercial,
advertising, or otherwise, and to prepare derivative works of, or incorporate
into other works, such Contributions, and grant and authorise sublicences of
the foregoing. The use and distribution may occur in any media formats and
through any media channels.
This licence will apply to any form, media, or technology now known or
hereafter developed, and includes our use of your name, company name, and
franchise name, as applicable, and any of the trademarks, service marks, trade
names, logos, and personal and commercial images you provide. You waive all
moral rights in your Contributions, and you warrant that moral rights have not
otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full
ownership of all of your Contributions and any intellectual property rights or
other proprietary rights associated with your Contributions. We are not liable
for any statements or representations in your Contributions provided by you in
any area on the Services. You are solely responsible for your Contributions to
the Services and you expressly agree to exonerate us from any and all
responsibility and to refrain from any legal action against us regarding your
Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or
otherwise change any Contributions; (2) to re-categorise any Contributions to
place them in more appropriate locations on the Services; and (3) to pre-screen
or delete any Contributions at any time and for any reason, without notice. We
have no obligation to monitor your Contributions.
8. SOCIAL MEDIA
As part of the functionality of the Services, you may link your account with
online accounts you have with third-party service providers (each such account,
a 'Third-Party Account')by either: (1) providing your Third-Party Account login
information through the Services; or (2) allowing us to access your Third-Party
Account, as is permitted under the applicable terms and conditions that govern
your use of each Third-Party Account. You represent and warrant that you are
entitled to disclose your Third-Party Account login information to us and/or
grant us access to your Third-Party Account, without breach by you of any of
the terms and conditions that govern your use of the applicable Third-Party
Account, without obligating us to pay any fees or making us subject to any
usage limitations imposed by the third-party service provider of the
Third-Party Account. By granting us access to any Third-Party Accounts, you
understand that (1) we may access, make available, and store (if applicable)
any content that you have provided to and stored in your Third-Party Account
(the 'Social Network Content') so that it is available on and through the
Services via your account, including without limitation any friend lists and
(2) we may submit to and receive from your Third-Party Account additional
information to the extent you are notified when you link your account with the
Third-Party Account. Depending on the Third-Party Accounts you choose and
subject to the privacy settings that you have set in such Third-Party Accounts,
personally identifiable information that you post to your Third-Party Accounts
may be available on and through your account on the Services. Please note that
if a Third-Party Account or associated service becomes unavailable or our
access to such Third-Party Account is terminated by the third-party service
provider, then Social Network Content may no longer be available on and through
the Services. You will have the ability to disable the connection between your
account on the Services and your Third-Party Accounts at any time.
PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS
ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR
AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS.
We make no effort to review any Social Network Content for any purpose,
including but not limited to, for accuracy, legality, or non-infringement, and
we are not responsible for any Social Network Content. You acknowledge and
agree that we may access your email address book associated with a Third-Party
Account and your contacts list stored on your mobile device or tablet computer
solely for purposes of identifying and informing you of those contacts who have
also registered to use the Services. You can deactivate the connection between
the Services and your Third-Party Account by contacting us using the contact
information below or through your account settings (if applicable). We will
attempt to delete any information stored on our servers that was obtained
through such Third-Party Account, except the username and profile picture that
become associated with your account.
9. THIRD-PARTY WEBSITES AND CONTENT
The Services may contain (or you may be sent via the Site) links to other
websites ('Third-Party Websites') as well as articles, photographs, text,
graphics, pictures, designs, music, sound, video, information, applications,
software, and other content or items belonging to or originating from third
parties ('Third-Party Content'). Such Third-Party Websites and Third-Party
Content are not investigated, monitored, or checked for accuracy,
appropriateness, or completeness by us, and we are not responsible for any
Third-Party Websites accessed through the Services or any Third-Party Content
posted on, available through, or installed from the Services, including the
content, accuracy, offensiveness, opinions, reliability, privacy practices, or
other policies of or contained in the Third-Party Websites or the Third-Party
Content. Inclusion of, linking to, or permitting the use or installation of any
Third-Party Websites or any Third-Party Content does not imply approval or
endorsement thereof by us. If you decide to leave the Services and access the
Third-Party Websites or to use or install any Third-Party Content, you do so at
your own risk, and you should be aware these Legal Terms no longer govern. You
should review the applicable terms and policies, including privacy and data
gathering practices, of any website to which you navigate from the Services or
relating to any applications you use or install from the Services. Any
purchases you make through Third-Party Websites will be through other websites
and from other companies, and we take no responsibility whatsoever in relation
to such purchases which are exclusively between you and the applicable third
party. You agree and acknowledge that we do not endorse the products or
services offered on Third-Party Websites and you shall hold us blameless from
any harm caused by your purchase of such products or services. Additionally,
you shall hold us blameless from any losses sustained by you or harm caused to
you relating to or resulting in any way from any Third-Party Content or any
contact with Third-Party Websites.
10. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Services for
violations of these Legal Terms; (2) take appropriate legal action against
anyone who, in our sole discretion, violates the law or these Legal Terms,
including without limitation, reporting such user to law enforcement
authorities; (3) in our sole discretion and without limitation, refuse,
restrict access to, limit the availability of, or disable (to the extent
technologically feasible) any of your Contributions or any portion thereof; (4)
in our sole discretion and without limitation, notice, or liability, to remove
from the Services or otherwise disable all files and content that are excessive
in size or are in any way burdensome to our systems; and (5) otherwise manage
the Services in a manner designed to protect our rights and property and to
facilitate the proper functioning of the Services.
11. PRIVACY POLICY
We care about data privacy and security. Please review our Privacy
Policy: https://chesterfield.firstresponders-nhs.uk/privacy.html. By
using the Services, you agree to be bound by our Privacy Policy, which is
incorporated into these Legal Terms. Please be advised the Services are hosted
in the United Kingdom. If you access the Services from any other region of the
world with laws or other requirements governing personal data collection, use,
or disclosure that differ from applicable laws in the United Kingdom, then
through your continued use of the Services, you are transferring your data to
the United Kingdom, and you expressly consent to have your data transferred to
and processed in the United Kingdom.
12. COPYRIGHT INFRINGEMENTS
We respect the intellectual property rights of others. If you believe that any
material available on or through the Services infringes upon any copyright you
own or control, please immediately notify us using the contact information
provided below (a 'Notification'). A copy of your Notification will be
sent to the person who posted or stored the material addressed in the
Notification. Please be advised that pursuant to applicable law you may be held
liable for damages if you make material misrepresentations in a Notification.
Thus, if you are not sure that material located on or linked to by the Services
infringes your copyright, you should consider first contacting an attorney.
13. TERM AND TERMINATION
These Legal Terms shall remain in full force and effect while you use the
Services.
WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVETHE
RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS
TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY
PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH
OF ANY REPRESENTATION, WARRANTY,OR COVENANT CONTAINED IN THESE LEGAL TERMS OR
OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION
IN THESERVICES OR DELETE
YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME,
WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from
registering and creating a new account under your name, a fake or borrowed
name, or the name of any third party, even if you may be acting on behalf of
the third party. In addition to terminating or suspending your account, we
reserve the right to take appropriate legal action, including without
limitation pursuing civil, criminal, and injunctive redress.
14. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Services
at any time or for any reason at our sole discretion without notice. However,
we have no obligation to update any information on our Services. We will not be
liable to you or any third party for any modification, price change,
suspension, or discontinuance of the Services.
We cannot guarantee the Services will be available at all times. We may
experience hardware, software, or other problems or need to perform maintenance
related to the, resulting in interruptions, delays, or errors. We reserve the
right to change, revise, update, suspend, discontinue, or otherwise modify the
Services at any time or for any reason without notice to you. You agree that we
have no liability whatsoever for any loss, damage, or inconvenience caused by
your inability to access or use the Services during any downtime or
discontinuance of the Services. Nothing in these Legal Terms will be construed
to obligate us to maintain and support the Services or to supply any
corrections, updates, or releases in connection therewith.
15. GOVERNING LAW
These Legal Terms are governed by and interpreted following the laws of the
United Kingdom, and the use of the United Nations Convention of Contracts for
the International Sales of Goods is expressly excluded. If your habitual
residence is in the EU, and you are a consumer, you additionally possess the
protection provided to you by obligatory provisions of the law in your country
to residence. Chesterfield Community First Responders and yourself both agree
to submit to the non-exclusive jurisdiction of the courts of England &
Wales, which means that you may make a claim to defend your consumer protection
rights in regards to these Legal Terms in the United Kingdom, or in the EU
country in which you reside.
16. DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or
claim related to these Legal Terms (each a 'Dispute' and collectively, the
'Disputes') brought by either your us (individually, a 'Party' and
collectively, the 'Parties'), the Parties agree to first attempt to negotiate
any Dispute (except those Disputes expressly provided below) informally for at
least thirty (30) days before initiating arbitration. Such informal
negotiations commence upon written notice from one Party to the other Party.
Any dispute arising from the relationships between the Parties to these Legal
Terms shall be determined by one arbitrator who will be chosen in accordance
with the Arbitration and Internal Rules of the European Court of Arbitration
being part of the European Centre of Arbitration having its seat in Strasbourg,
and which are in force at the time the application for arbitration is filed,
and of which adoption of this clause constitutes acceptance. The seat of
arbitration shall be Chesterfield, United Kingdom. The language of the
proceedings shall be English. Applicable rules of substantive law shall be the
law of the United Kingdom.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between
the Parties individually. To the full extent permitted by law, (a) no
arbitration shall be joined with another proceeding; (b) there is no right or
authority for any Dispute to be arbitrated on a class-action basis or to
utilise class action procedures; and (c) there is no right or authority for any
Dispute to be brought in a purported representative capacity on behalf of the
general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above
provisions concerning informal negotiations binding arbitration: (a) any
Disputes seeking to enforce or protect, or concerning the validity of, any of
the intellectual property rights of a Party; (b) any Dispute related to, or
arising from, allegations of theft, piracy, invasion of privacy, or
unauthorised use; and (c) any claim for injunctive relief. If this provision is
found to be illegal or unenforceable, then neither Party will elect to
arbitrate any Dispute falling within that portion of this provision found to be
illegal or unenforceable and such Dispute shall be decided by a court of
competent jurisdiction within the courts listed for jurisdiction above, and the
Parties agree to submit to the personal jurisdiction of that court.
17. CORRECTIONS
There may be information on the Services that contains typographical errors,
inaccuracies, or omissions, including descriptions, pricing, availability, and
various other information. We reserve the right to correct any errors,
inaccuracies, or omissions and to change or update the information on the
Services at any time, without prior notice.
18. DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT
YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THEFULLEST EXTENT
PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION
WITH THE SERVICES AND YOUR USE THEREOF,INCLUDING, WITHOUT LIMITATION, THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT. WEMAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR
COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITESOR MOBILE
APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR
RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, ORINACCURACIES OF CONTENT AND
MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER,
RESULTING FROM YOUR ACCESSTO AND USE OF THE SERVICES, (3) ANY UNAUTHORISED
ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION
AND/ORFINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION
OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES,TROJAN HORSES,
OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD
PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS INANY CONTENT AND MATERIALS OR FOR
ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT
POSTED, TRANSMITTED,OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT
WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT ORSERVICE
ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED
WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATIONFEATURED IN ANY BANNER OR OTHER
ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR
MONITORING ANY TRANSACTIONBETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS
OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUMOR
IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGEMENT AND EXERCISE CAUTION
WHERE APPROPRIATE.
19. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR TRUSTEES, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR
ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL,EXEMPLARY, INCIDENTAL,
SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF
DATA, OR OTHER DAMAGES ARISING FROMYOUR USE OF THE SERVICES, EVEN IF WE HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARYCONTAINED HEREIN, OUR LIABILITY TO YOU
FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL
TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6)
MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS
ANDINTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE
EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLYTO YOU, SOME OR
ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY
HAVE ADDITIONAL RIGHTS.
20. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our
subsidiaries, affiliates, and all of our respective officers, agents, partners,
and employees, from and against any loss, damage, liability, claim, or demand,
including reasonable attorneys’ fees and expenses, made by any third party due
to or arising out of:
(1) your Contributions; (2) use of the Services; (3) breach of these Legal
Terms; (4) any breach of your representations and warranties set forth in these
Legal Terms; (5) your violation of the rights of a third party, including but
not limited to intellectual property rights; or (6) any overt harmful act
toward any other user of the Services with whom you connected via the Services.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume
the exclusive defence and control of any matter for which you are required to
indemnify us, and you agree to cooperate, at your expense, with our defence of
such claims. We will use reasonable efforts to notify you of any such claim,
action, or proceeding which is subject to this indemnification upon becoming
aware of it.
21. USER DATA
We will maintain certain data that you transmit to the Services for the purpose
of managing the performance of the Services, as well as data relating to your
use of the Services. Although we perform regular routine backups of data, you
are solely responsible for all data that you transmit or that relates to any
activity you have undertaken using the Services. You agree that we shall have
no liability to you for any loss or corruption of any such data, and you hereby
waive any right of action against us arising from any such loss or corruption
of such data.
22. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and completing online forms
constitute electronic communications. You consent to receive electronic
communications, and you agree that all agreements, notices, disclosures, and
other communications we provide to you electronically, via email and on the
Services, satisfy any legal requirement that such communication be in writing.
YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND
OTHER RECORDS, AND TO ELECTRONICDELIVERY OF NOTICES, POLICIES, AND RECORDS OF
TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES.
You hereby waive any rights or requirements under any statutes, regulations,
rules, ordinances, or other laws in any jurisdiction which require an original
signature or delivery or retention of non-electronic records, or to payments or
the granting of credits by any means other than electronic means.
23. SMS TEXT MESSAGING
Program Description
By opting into any BulkSMS text messaging program, you expressly consent to
receive text messages (SMS) to your mobile number. BulkSMS text messages may
include: responses to inquiries.
Opting Out
If at any time you wish to stop receiving SMS messages from us, simply reply to
the text with "STOP.” You may receive an SMS message confirming your opt
out.
Message and Data Rates
Please be aware that message and data rates may apply to any SMS messages sent
or received. The rates are determined by your carrier and the specifics of your
mobile plan.
Support
If you have any questions or need assistance regarding our SMS communications,
please email us at chesterfield@firstresponders-nhs.uk.
24. MISCELLANEOUS
These Legal Terms and any policies or operating rules posted by us on the
Services or in respect to the Services constitute the entire agreement and
understanding between you and us. Our failure to exercise or enforce any right
or provision of these Legal Terms shall not operate as a waiver of such right
or provision. These Legal Terms operate to the fullest extent permissible by
law. We may assign any or all of our rights and obligations to others at any
time. We shall not be responsible or liable for any loss, damage, delay, or
failure to act caused by any cause beyond our reasonable control. If any
provision or part of a provision of these Legal Terms is determined to be
unlawful, void, or unenforceable, that provision or part of the provision is
deemed severable from these Legal Terms and does not affect the validity and
enforceability of any remaining provisions. There is no joint venture,
partnership, employment or agency relationship created between you and us as a
result of these Legal Terms or use of the Services. You agree that these Legal
Terms will not be construed against us by virtue of having drafted them. You
hereby waive any and all defences you may have based on the electronic form of
these Legal Terms and the lack of signing by the parties hereto to execute
these Legal Terms.
25. CONTACT US
In order to resolve a complaint regarding the Services or to receive further
information regarding use of the Services, please contact us at:
Chesterfield Community First Responders
United Kingdom
chesterfield@firstresponders-nhs.uk