Terms and Conditions
© Topic of Cancer 2015. All rights reserved.
In the context of these terms and conditions, the following words shall have the following meanings:”Topic of Cancer” means Topic of Cancer a registered charity in England and Wales (1151079).
“Website” means any website under the ownership or control of Topic of Cancer from which a link has been created to these terms and conditions; “Material” means all of the information, data, text, graphics, links or computer code published on, contained or available on the Website;
“User” means the individual, firm, company or organisation accessing the Website and/or ordering any goods or services, registering for any events and/or making any donations.
2. Applicable terms and conditions
The Website is owned by Topic of Cancer and any use made of the Website (including registrations and donations and orders for goods or services made via the Website), is subject to these terms and conditions. Topic of Cancer may, at its sole discretion, modify or revise these terms and conditions at any time by updating the text of this page.
3. Warranty and indemnity
The User warrants to Topic of Cancer that it will not use the Website, the Material or any part thereof for any purpose that is in contravention of any applicable law or regulation or in a manner that will infringe the copyright, trademarks, service marks or other intellectual property rights of third parties or violate the privacy, publicity or other personal rights of others or in any defamatory, obscene, threatening, abusive or hateful manner. The User shall indemnify and hold harmless Topic of Cancer, its employees and agents, against all claims, liability, losses, damages and expenses including, without limitation, legal fees and costs arising out of or incurred as a result of any claims made, or litigation brought, against Topic of Cancer, its employees and agents, as a result of the use by the User of the Website, the Material or any part thereof for whatever purpose, to the fullest extent permitted by law.
4. Limitation of liability
Topic of Cancer hereby disclaims all warranties and conditions with regard to the Material and any goods or services supplied in relation to the Website, whether express or implied or statutory (including all implied warranties and conditions of merchantability and fitness for a particular purpose). In no event shall Topic of Cancer be liable for any indirect, punitive, special, incidental, or consequential damages whatsoever even if Topic of Cancer has been advised of the possibility of damages including, without limitation, damages for loss of use, data or profits arising out of or in any way connected with the use or performance of the Website, interruptions or delays to the Website, the provision of or failure to provide services, or for any information, Material, goods and services obtained through the Website or otherwise arising out of the use of the Website, whether based on contract, tort or otherwise to the fullest extent permitted by law.
5. Third party websites
The Website contains links to websites operated by parties other than Topic of Cancer. Such links are provided for the User’s convenience only. Topic of Cancer does not control such websites, and is not responsible for their content. Topic of Cancer’s inclusion of links to such websites does not imply any endorsement of the material on such websites or any association with their operators. The User is solely responsible for evaluating the accuracy and completeness of any information contained on the third party websites, and also the value and integrity of any goods and services offered by such websites.
Whilst Topic of Cancer makes all reasonable attempts to exclude viruses from the Website it cannot ensure such exclusion and no liability is accepted for damage caused through the downloading of viruses. Therefore, you are recommended to take all appropriate safeguards before downloading information from the Website.
7. On-line Transactions
Topic of Cancer reserves the right to vary event registration fees and the prices of any goods or services listed without notice. All event registrations and orders for goods or services are subject to availability and Topic of Cancer reserves the right to refuse to accept any registration and to refuse to supply any goods or services to any individual.
Although the Website uses encryption security software in areas where on line payment details are accepted, the security of information and payments transmitted via the Internet cannot be guaranteed. Any loss incurred or sustained by any User who transmits information by means of e-mail or other Internet links shall be borne solely and exclusively by such User and in no event shall any such loss in whole or part be borne by Topic of Cancer or its agents.
9. Force majeure
Topic of Cancer shall not be held to be in breach of its obligations hereunder nor liable to the User for any loss or damage which may be suffered by another party due to any cause beyond its reasonable control including without limitation any act of God, fire, storm, flood, lightening, disease, strike, trade dispute, act of terrorism, any act or omission of government or regulatory bodies or communications operators.
10.1 If any provisions of these terms and conditions are held to be invalid or unenforceable, the validity or enforceability of the remaining provisions shall not be affected.
10.2 These terms and conditions constitute the entire agreement between Topic of Cancer and the User and supersede all other (prior or contemporaneous) communications and proposals, whether electronic or written, between the User and Topic of Cancer.
10.3 Any failure of Topic of Cancer to exercise or enforce any of its rights under these terms and conditions shall not be deemed to be a waiver of any such rights or operate so as to bar the subsequent exercise or enforcement or any such rights.
The terms and conditions and the use by the User of the Website shall be governed by the laws of England and Wales and the parties hereto submit to the exclusive jurisdiction of the English courts in all disputes arising out of or relating to the Website and/or any transactions made on the Website, or these terms and conditions.