Introduction and Disclaimer
In no event do we accept liability of any description including liability
for negligence for any loss or damages whatsoever resulting from loss
of use, data or profits arising out of or in connection with the viewing,
use or performance of this web site or its contents. We accept no responsibility
for keeping the information in these pages up to date or liability for
any failure to do so.
Use of this
web site shall be made subject only to the laws of England and Wales which
shall exclusively govern the interpretation, application and effect of
all the above permissions, exclusions, licence and conditions of use.
of England and Wales shall have exclusive jurisdiction over all claims
or disputes arising in relation to, out of or in connection with this
web site and its use.
1.1 Thank you for accessing www.amielandmelburn.org.uk (the "Site").
Please read these terms and conditions (the "Terms") carefully.
They govern your use of this Site. By accessing the Site you the user
("You" or "Your") agree to the Terms that appear below.
1.2 This Site is owned and operated by the Barry Amiel and Norman Melburn
Trust (the "Trust" "Our", "We", or "Us"),
a charity registered in England and Wales (Charity Number 281239). The
address of The Trust is 8 Wilton Way, London, E8 3EE.
1.3 These Terms
constitute a legally binding agreement between You and the Trust. If You
do not agree to these Terms please do not use the Site. Our Privacy
Policy governs the Trust's use of any information about You that You
submit to the Site and forms part of these Terms.
1.4 This Site is not directed at any person in any country where, for
any reason, the publication or availability of the Site is prohibited.
We do not represent that either the Site or its content are appropriate
for use or permitted by the laws in all countries and You use the Site
at Your own risk. You alone are responsible for complying with the laws/regulations
applicable in Your country of residence.
2. Use of the Site
2.1 As a user, You will be able to access material on most areas of the
Site without going through a registration process. However, certain areas
of the Site are only open to You if You are a registered user of the Site.
You are responsible for keeping your password confidential and You must
immediately notify The Trust if you suspect unauthorised use of it
2.2 There is no specific time limit applying to Your access and use of
the Site or to these Terms. However, The Trust reserves the right to suspend
or terminate Your or any access and use of the Site at any time.
2.3 You agree that You will not use any script, software or other device
to access, monitor or copy the Site or impede or otherwise interfere with
its normal functioning, nor will you upload any files that contains viruses,
worms, cancel bots, "Trojan Horses" or any other such destructive
features onto this Site
2.4 You further agree that You will not engage in any conduct that restricts
or inhibits any other person from enjoying or using the Site and that
You will not in any way damage,
disable or attempt to gain unauthorised access to the Site or to networks
connected to the Site through hacking, spoofing or other such means.
3. Use of Content
3.1 All material on the Site including, but not limited to, text, graphics,
photographs, illustrations, artwork, names, logos, trade marks, and other
such material (the "Content") belongs to The Trust or its licensors
and is protected by copyright, database right, trade mark law and/or other
proprietary rights. You acquire no rights or licences in or to the Site
and/or Content other than the limited right to use the Site in accordance
with these Terms.
3.2 You may retrieve and display Content from the Site on a computer screen,
print individual pages on paper and store such pages in electronic form
on disk (but not on any server or other storage device connected to a
network) for Your personal, non-commercial use.
3.3 You shall retain on any download and/or printed copy all copyright
notices and shall remain bound by the terms of such wording and notices.
3.4 You agree to notify The Trust in writing promptly upon becoming aware
of any unauthorised access to or use of the Site by any party or of any
claim that the Site or any of the Content of the Site infringes any copyright,
database right, trade mark or other contractual, statutory or common law
rights of any party.
3.5 Whilst we have tried to ensure that all information we provide through
this Site is correct at the time We include it, We do not guarantee or
give any warranty as to the accuracy, timelines or completeness of any
of the Content.
3.6 No responsibility is accepted by or on behalf of The Trust for any
errors, omissions, or misleading (excluding fraudulent) statements on
3.7 Except as expressly set out above, You may not copy, reproduce, recompile,
decompile, disassemble, reverse engineer, modify, or in any other way,
electronically or otherwise, commercially exploit any part of the Site
and/or the Content. In particular, without limiting the general application
of the restrictions contained in the preceding sentence, You may not without
the Trust's prior written permission:
3.7.1 redistribute any of the Content;
3.7.2. remove all copyright notices from any copies of Content made under
these Terms; nor
3.7.3 create a database in electronic or structured manual form by systematically
downloading and storing all or any of the Content.
3.8 If you would like to make any additional use of the Site and/or its
Content please contact the Trust at [insert details e.g. email address].
4. Limitation of Liability and Disclaimer
4.1 The Site is provided on an "as is", "as available"
basis and The Trust does not guarantee the accuracy, timeliness, completeness,
performance, satisfactory quality or fitness for a particular purpose
of the Site or any Content.
4.2 All implied warranties are excluded from these Terms to the extent
permitted by applicable law. The Trust does not warrant that the Site
is compatible with Your computer equipment or that the Site or its server
are free of errors, viruses, cancel bots, worms, "Trojan Horses"
or other such destructive features.
4.3 The Trust will not be liable for any losses, costs, claims or damages,
(whether direct or indirect) including without limitation, damages for
loss of profits (which includes, but is not limited to, loss of business
revenue, loss of anticipated savings, loss of data and loss or waste of
management time) arising in contract, tort (including negligence) or otherwise
from Your access to or use, or inability to use the Site or any Content
or from any action taken (or refrained from being taken) made in reliance
on the information contained in or as a result of using the Site or any
4.4 You agree to indemnify defend and hold harmless the Trust in respect
of any liability which arises as a result of any breach by You of these
4.5 These Terms do not affect any statutory rights that You or a third
party may have as a consumer.
5.1 The Site may contain links to third party web sites. The Trust is
not responsible for the availability, privacy practices or content or
such web sites.
5.2 You may not frame, link or deep-link this web site to any other web
site, without the Trust's prior written permission. Should you wish to
frame, or to set up a link or deep-link to this Site, please contact us
at [insert email address].
6. The Trust Discussion Forum
6.1 We operate the Trust Discussion Forum in order to provide users of
this Site with a place to hold civilised discussions about Content contained
within the Site and/or other matters of related interest.
6.2 Your use of the Forum is governed by specific terms and conditions
to You prior to Your being able to access the Forum. In the event that
there is any conflict between these Terms and the terms and conditions
governing the use of the Forum, the terms and conditions of the Forum
will prevail over these Terms to the extent that such conflict relates
to Your use of the Forum. For all other purposes these Terms shall prevail.
7. Changes to these Terms
7.1 The Trust reserves the right, at its sole discretion, to make changes
to any part of the Site with or without notice. When terms are changed,
the Trust may, at its sole discretion, notify You by e-mail at Your e-mail
address as notified to Us. It will also publish amended Terms on this
7.2 If You use the Site after The Trust has published or notified You
of any changes, by continuing to use the Site You are agreeing to be bound
by those changes. If You do not agree to be bound by those changes, You
should not continue use the Site.
8.1 If any provision of these Terms is found to be invalid by any court
having competent jurisdiction, the invalidity of that provision will not
affect the validity of the remaining provisions of these Terms, which
shall remain in full force and effect.
8.2 Failure by either party to exercise any right or remedy under these
Terms does not constitute a waiver of that right or remedy.
8.3 These Terms shall constitute the entire agreement between the Trust
and You. All prior agreements, understandings, negotiations or representations
(save for fraudulent misrepresentations) whether oral or in writing and
relating to the Site are superseded or cancelled in their entirety. The
terms of any other electronic communications shall not form part of these
8.4 These Terms shall be governed by, and construed in accordance with,
English law and are subject to the non-exclusive jurisdiction of the English