In the context of these terms and conditions, the following words shall have the following meanings:
“MiHC” or “Music in Hospitals & Care” means:
Music in Hospitals & Care in the UK, a registered charity (number 1051659 in England and Wales, SC038864 in Scotland) and a company limited by guarantee (company number 3138683), having its registered office at Music in Hospitals, Unit 40, Enterprise House, 44/46 Terrace Road, Walton-on-Thames KT12 2SD
“the Website” means any website under the ownership or control of Music in Hospitals & Care from which a link has been created to these terms and conditions;
“the 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 this website.
2. Applicable terms and conditions
The Website is owned by Music in Hospitals & Care and any use made of this site (including registrations and donations made via the Website), are subject to these terms and conditions. Music in Hospitals & Care may, at its sole discretion, modify or revise these terms and conditions at any time by updating the text of this page.
3. Use of the Website
Anyone is entitled to view any non-password protected parts of the Website and to use for their own purposes the information contained therein, provided:
3.1 it is used for information purposes only, for reproduction for personal use only and not for reproduction on any other website or for commercial gain.
3.2 any links created to the Website are notified to and approved by Music in Hospitals & Care before they are created.
3.3 no part of the Website is copied, stored in a retrieval system, or transmitted in any form or by any means to any third party without the written permission of Music in Hospitals & Care.
4. Copyright and trademarks
4.1 Copyright in the Material is owned by Music in Hospitals & Care or its content suppliers. Unauthorised use of the Material including reproduction, storage, modification, distribution or republication without the prior written consent of Music in Hospitals & Care or, where applicable, the respective copyright owner(s) is prohibited.
4.2 The names and logos of Music in Hospitals & Care and all related product and service names, design marks and slogans are the trade names, service marks or trademarks of Music in Hospitals & Care and may not be used without the prior consent of Music in Hospitals & Care.
4.3 All works in the nature of databases attract database rights.
5. Warranty and Indemnity
The User warrants to Music in Hospitals & Care 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 Music in Hospitals & Care, its employees and agents, harmless 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 Music in Hospitals & Care, 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.
6. Limitation of liability
Music in Hospitals & Care 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 Music in Hospitals & Care be liable for any indirect, punitive, special, incidental, or consequential damages whatsoever even if Music in Hospitals & Care 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.
7. Third party websites
The Website contains links to websites operated by parties other than Music in Hospitals & Care. Such links are provided for the User’s convenience only. Music in Hospitals & Care does not control such websites, and is not responsible for their content. Music in Hospitals & Care’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 Music in Hospitals & Care 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.
9. Online Transactions
Music in Hospitals & Care 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 Music in Hospitals & Care 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 Music in Hospitals & Care or it’s agents.
11.1 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.
11.2 These terms and conditions constitute the entire agreement between Music in Hospitals & Care and the User and supersede all other (prior or contemporaneous) communications and proposals, whether electronic or written, between the User and Music in Hospitals & Care.
11.3 Any failure of Music in Hospitals & Care 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.
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