Website Terms of Use

Access to and use of www.bch.org.uk is provided by Birmingham Children’s Hospital NHS Foundation Trust and Birmingham Children’s Hospital Charity subject to the terms listed below. 
Definitions

  • 'BCH Charity' means Birmingham Children’s Hospital Charity, a charity registered under number 1160875 with its registered office at 102 Colmore Row, Birmingham, B3 3AG.
  • 'Website' means www.bch.org.uk, or any other website under BCH Charity’ ownership or control from which a link has been created to these Terms and Conditions.
  • 'You', 'your' and 'yours' means the person(s) accessing the Website.
  •  'We', 'us' and 'our' means BCH Charity.
     
  •  'Material' means any information, data, text, graphics, links, programming code or other material published, contained or available on the Website.

Users
The Website is intended for people accessing it from within the United Kingdom.  We cannot guarantee the site or the information it contains complies with or is appropriate for use in other countries.
By using the Website you agree to be legally bound by these terms, which shall take effect immediately on your first use of the Website.  If you do not agree to be legally bound by all the following terms please do not access and/or use the Website.

Changes to the Terms of Use
We reserve the right to change these Terms of Use at any time.  Please review these terms regularly to ensure you are aware of any changes made by us.  Your continued use of the Website after changes are posted means you agree to be legally bound by these Terms as updated and/or amended.  These Terms of Use were last updated on 18 October 2011.

Contacting us about the Terms of Use
If you are uncertain about anything in these Terms of Use please send an email to info@bch.org.uk or write to us at BCH Charity,102 Colmore Row, Birmingham, B3 3AG.

Material
Material on the Website is provided for information purposes only.  Whilst every care is taken in compiling the information on the Website we do not make any warranties or representations as to its accuracy or reliability.  We may make changes to the Material on the Website at any time without notice.

Use of content on the Website
You may not copy, reproduce, republish, download, post, broadcast, transmit or otherwise use the Website content in any way except for your own personal, non-commercial use.

You also agree not to adapt, alter or create a derivative work from any Website content except for your own personal, non-commercial use.  Any other use of Website content requires the prior written permission of BCH Charity.

You agree to use the Website only for lawful purposes and in ways that do not infringe the right of, restrict or inhibit anyone else’s use and enjoyment of the Website.

Prohibited behaviour includes harassing or causing distress or inconvenience to any person, transmitting obscene or offensive content or disrupting the normal flow of web traffic.

Uploading images to the Website
You are not allowed to upload images which contain or use any images or other material including text based annotations and comments, which contain any of the following:

  • Material which is defamatory of any person.
  • Material which is pornographic, obscene, indecent or offensive.
  • Material which promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Material that is likely to incite hatred or violence against any person or group.
  • Material that is likely to deceive any person.
  • Material which concerns or relates to any criminal act.
  • Material the use or inclusion of which infringes any copyright, trademark, database or other intellectual property right of any third party.
  • Material made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence; material which promotes any illegal activity.
  • Material which is threatening, abusive or invades another’s privacy, causes annoyance, inconvenience or needless anxiety.
  • Material which is likely to harass, upset, embarrass, alarm or annoy any other person.
  • Material used to impersonate any person, or to misrepresent your identity or affiliation with any person.
  • Material which gives the impression that it emanates from BCH Charity or Birmingham Children’s Hospital, if this is not the case.
  • Material that advocates, promotes or assists any unlawful act such as (by way of example only) copyright infringement or computer misuse.
  • Material that breaches any applicable laws or regulations.

Service access
Whilst we try to ensure that the Website is normally available 24 hours a day, we shall not be liable if for any reason the Website is unavailable at any time or for any period.  Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.

Intellectual property
The names, images and logos identifying Birmingham Children’s Hospital charity, identifying Birmingham Children’s Hospital NHS Foundation Trust or third parties and their products and services are subject to copyright, design rights and trademarks of the Birmingham Children’s Hospital charity, Birmingham Children’s Hospital NHS Foundation Trust and/or third parties.  Nothing contained in these Terms shall be construed as conferring by implication, estoppel or otherwise any licence or right to use any trademark, patent, design right or copyright of Birmingham Children’s Hospital charity, Birmingham Children’s Hospital NHS Foundation Trust, or any other third party.

Contributions to the Website
Where you are invited to submit any contribution to the Website (including any text, graphics, video or audio) you agree, by submitting your contribution, to grant BCH the Charity a perpetual, royalty-free, non-exclusive, sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, and exercise all copyright and publicity rights with respect to your contribution worldwide and/or to incorporate your contribution in other works in any media now known or later developed for the full term of any rights that may exist in your contribution, and in accordance with privacy restrictions set out in the BCH Charity Privacy Policy.

If you do not want to grant to BCH BCH Charity the rights set out above, please do not submit your contribution to the Website.
By submitting your contribution to the Website you warrant that your contribution:

  • is your own original work and that you have the right to make it available to the Website.
  • is not defamatory.
  • does not infringe any law.

 You also agree to:

  • indemnify BCH Charity against all legal fees, damages and other expenses that may be incurred by them as a result of your breaking the above warranty;
  • waive any moral rights in your contribution for the purposes of its submission to and publication on the Website; and
  • allow BCH BCH Charity to remove or alter any content that in its absolute discretion it considers to be inappropriate for any reason.

You acknowledge that it is your responsibility to keep such copies of any material you upload as you may need and that we cannot guarantee that we will retain our own copies of anything you submit.

Tributes
By creating and uploading a tribute to an individual you warrant that you are the next of kin of the individual or have the permission of the next of kin to create and upload the tribute.

Limitation of Liability
The Website is provided to users "as is" and without any warranty (whether express or implied) of fitness for any particular purpose.  We make no warranty that the Website will be available uninterrupted or at all.  No advice or information, whether oral or written, obtained from or in relation to the Website will create any warranty not expressly made herein.
In some jurisdictions, limitation or exclusion of liability is only permitted where such limitation is fair and/or reasonable. After considering all matters, users agree that the limitations of liability set out in these Terms of Use are fair and reasonable.  Any statutory rights users may have under consumer protection legislation remain unaffected.

Privacy and data protection
We are committed to protecting your privacy online. For more information, please see our Privacy Policy.

Photographic images and videos
Birmingham Children’s Hospital NHS Foundation Trust ensures that the prior written consent of patients and families whose photographs it has uploaded onto the Website has been obtained.

We reserve the right to include content from external sites including but not limited to You Tube and Facebook. We do not control the privacy practices of these other sites.  Users of such sites take full responsibility for their own content. We use our reasonable endeavours to protect the interests of the individuals featured in the content on our Website.

If you believe that any image or video is being displayed without consent or for any other reason should be removed you should send an email to info@bch.org.uk or write to us at BCH Charity, 102 Colmore Row, Birmingham, B3 3AG

Governing law
These Terms of Use shall be governed by the laws of England and any dispute arising from these Terms of Use or your use of the Website shall be subject to the exclusive jurisdiction of the English courts.