These Terms and Conditions are the terms upon which you are entitled to access and use the Devon Air Ambulance Trust (“DAAT”) site at www.daat.org (the “Site”) and will continue in force until such time as either you or we terminate this agreement. Access to and use by you of this Site constitutes acceptance by you of these Terms and Conditions, which take effect from the date of first access to the Site. If you do not accept these Terms and Conditions, do not use the Site.
1.1. This Site is intended for access and use by persons in the United Kingdom only. We do not represent or warrant that the information on this Site complies with the regulatory regime of any other country.
1.2. If you access this Site from other locations outside in the United Kingdom you do so on your own initiative and risk. You are responsible for compliance with local laws.
2. Permitted Use
2.1. You are authorised to view, print and download extracts of the materials or content on the Site on any single computer for your personal, non commercial use, provided that any proprietary notices, marks, logos and other legends that appear on the copied screens remain on, and are not removed from the printed or stored images of such screens. This permission is subject to the material being reproduced accurately and not used in a misleading context and does not extend to any material on the Site that is identified as being copyright of a third party. You may not modify any materials on the Site in any way or reproduce or publicly display, perform or distribute or otherwise use them for any public or commercial purpose.
2.2. You shall not copy, sell, rent, lease, license, sublicense, grant any rights in, transfer, distribute, time-share or otherwise assign to any third party any portion of the Site.
2.3. Where any content or material on the Site is intended to be used for purposes other than that permitted above, you must obtain our prior written consent.
2.4. If you breach any of these Terms and Conditions, your authorisation to use the Site automatically terminates and you must immediately destroy any downloaded or printed materials.
3. Visitor material and conduct
3.2. You are prohibited from posting or transmitting to or from this Site any material:
(a) that is indecent, offensive, in breach of confidence and/or in breach of privacy or which may cause annoyance or inconvenience;
(b) for which you have not obtained all necessary licences and/or approvals;
(c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or
(d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
3.3. DAAT will fully co-operate with any law enforcement authorities or court order requesting or directing DAAT to disclose the identity or locate anyone posting any material in breach of paragraphs 3.2.
4. Unauthorised access by third parties
4.1. It is possible that third parties may access the Site and alter its content. DAAT will not be liable for any damage or loss arising out of or resulting from any unauthorised access to, alteration to or modification of information contained on the Site.
5. Intellectual Property Rights
5.1. You acknowledge and agree that all content and materials available on the Site are protected by copyright, trade mark, service mark, patent, trade secret, or other proprietary rights and laws (together the “Intellectual Property Rights”). All Intellectual Property Rights in the content and materials (including without limitation photographs and graphical images) available on the Site vests in DAAT and/or its suppliers (i.e. the third party content providers), unless otherwise indicated.
5.2. Unless otherwise stated, any Intellectual Property Rights arising in respect of or in connection with the Site’s design, text, graphics, its selection and arrangement, software and all other material on or in the Site, belongs to either DAAT or the third party content providers.
6. Links to and from other websites
6.1. The Site incorporates links to other websites, frames and portals (together “Third Party Sites”) designed, maintained and operated by third parties. These websites are provided solely for your convenience. DAAT has not reviewed the Third Party Sites which are provided. DAAT is not responsible for the content or availability of these sites. If you decide to use a link to a Third Party Site you leave this Site and you do so at your own risk and it is your sole responsibility to take all protective measures to guard against viruses or other destructive elements.
6.2. Links do not imply that DAAT endorses, is affiliated or associated with, or is legally authorised to use any trade mark, trade name, logo or copyright symbol displayed in or accessible through the Third Party Site or that any linked site is authorised to use any trade mark, trade name, logo or copyright of DAAT.
6.3. If you would like to link to this Site, you may only do so on the basis that you link to, but do not replicate, the home page of this Site, and subject to the following conditions:
(a) you do not remove, distort or otherwise alter the size or appearance of the “DAAT” and “Devon Air Ambulance” logo;
(b) you do not create a frame or any other browser or border environment around this Website;
(c) you do not in any way imply that DAAT is endorsing any products or services other than its own;
(d) you do not misrepresent your relationship with DAAT nor present any other false information about DAAT;
(e) you do not otherwise use any DAAT trade marks displayed on this Site without express written permission from DAAT;
(f) you do not link from a website that is not owned by you; and
(g) your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
6.4. DAAT expressly reserves the right to revoke the right granted in paragraph 6.3 for breach of these terms and to take any action it deems appropriate.
6.5. You shall fully indemnify DAAT for any loss or damage suffered by the Company or any of its group companies for breach of paragraph 6.3.
7. Third Party Content Use
7.1. Authorisation to reproduce third party material must be obtained from the relevant third parties concerned.
7.2. You must not permanently store or otherwise copy the Third Party Content for wider distribution or commercial gain.
8. Limitation of Liability
8.1. In no event shall we or any other party (whether or not involved in creating, producing maintaining or delivering this Site) and the officers, directors, employees, shareholders or agents of any of them be liable to you or a third party whether in contract, tort, by statute or otherwise in respect of any loss of profits and/or for any special, indirect, incidental or consequential loss or damage arising out of or in connection with your use of this Site.
8.2. Nothing shall exclude or restrict our liability for fraudulent misrepresentation and/or for death or personal injury arising as a result of our negligence.
8.3. If your use of material on this Site results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
9.1. DAAT endeavours to ensure that the information on this Site is correct, DAAT does not warrant the accuracy and completeness of the material on this Site. DAAT may make changes to the material on this Site, or to the products and prices described in it, at any time without notice. The material on this Site may be out of date, and DAAT makes no commitment to update such material.
9.2. DAAT endeavours to ensure that this Site is normally available 24 hours a day, DAAT will not be liable if for any reason this Site is unavailable at any time or for any period.
9.3. The information provided on the Site is intended to be informative only and is provided on an “as is” and “as available” basis. By accessing and using the Site you acknowledge that any reliance upon any information obtained or received via the Site shall be at your sole risk.
9.4. We provide the information on the Site without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
9.5. We do not warrant that the functions of the Site will be uninterrupted or error free, that defects will be corrected or that this Site or the servers that make it available are free of viruses.
10.2. For the purposes of the Data Protection Act 1998 we confirm that the proprietor of this Site is Devon Air Ambulance Trust a company registered in England and whose registered office address is at Senate Court, Southernhay Gardens, Exeter, EX1 1NT which is incorporated in England under number 03855746. DAAT is registered with the Office of the Information Commissioner under registration number Z7532220.
11. The Padlock Symbol
11.1. The Padlock symbol is used on our Site to alert users to the fact that their information, including their personal information, is being collected and processed. By clicking onto the padlock symbol you will be directed to sources which will clearly explain how the information is to be used.
12. Site Usage Information - Log files
12.1. Log files allow us to record visitors’ use of our Site. We compile log file information from all site visits and use that to make changes to the layout of the Site and to the information in them based on the way visitors move around the Site. Log files do not contain any personal information.
13.1. Your feedback is valuable to us and will allow us to serve you better. Your views on what we are doing and how we could make things better are important to us.
13.2. If you have any comments, suggestions or complaint’s we would be delighted to hear from you.
13.3. Please direct your comments or concerns to firstname.lastname@example.org.
14.1. Communications in connection with this service and Site may be by way of e-mails. For ease of use and compatibility we will not encrypt emails, except those relating to payments, unless you expressly ask us to do so. In the event that you would like us to encrypt the e-mails sent to you, please provide us with the necessary certification to enable us to do so. E-mail unless encrypted is not a fully secure means of communication.
16.1. You may not assign, sub-license or otherwise transfer any of your rights under these Terms and Conditions. We reserve the right to assign, sub-licence or transfer any obligations under these Terms and Conditions to a third party.
16.2. These Terms and Conditions cannot be varied except in writing by DAAT.
16.3. Any breach of these Terms and Conditions shall entitle the DAAT to immediately terminate your use of the Site without notice.
16.4. Headings in these Terms and Conditions are for convenience only and will have no legal meaning or effect.
17. Governing Law
17.1. These terms and conditions are exclusively governed by English law and the parties hereby submit to the exclusive jurisdiction of the English courts.
DAAT reserves the right to bring proceedings in the courts of the country of your residence or that of your principal place of business.