Terms & Conditions

Introduction

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the http://www.thedownsmalvern.org.uk/ website and The Downs Malvern mobile application (the "Service") operated by The Downs Malvern ("us", "we", or "our").

These terms and conditions govern your use of our website.

By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.

If you use any of our website services, we will ask you to express your agreement to these stated terms and conditions.

Privacy Statement

Malvern College will only use the personal information submitted on this site to respond to the query and send future correspondence and promotions. You can unsubscribe at any time by contacting us by post or email. Your information will not be shared with any third parties unconnected with Malvern College.

Information sharing

Malvern College does not share any information submitted through this website with third parties. If you have opted into receiving information from Malvern College, then you also have the opportunity to unsubscribe by contacting us by post or email.

Cookies

Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with these terms.

Cookies are small text files that are placed on your computer by websites that you visit. They are widely used in order to make websites work, or work more efficiently, as well as to provide information to the owners of the site. This website uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses cookies to help us analyse how visitors use the site in the aggregate. It does not collect personally identifiable information, and does not track your movements between different websites. The cookies used by Google Analytics are:

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More details about the purpose of these cookies can be found here: https://developers.google.com/analytics/devguides/collection/analyticsjs/cookie-usage?csw=1

You may opt out of Google Analytics on all websites by installing the Google Analytics Opt-out Browser Addon: https://tools.google.com/dlpage/gaoptout

Copyright notice

Copyright (c) 2016 The Downs Malvern.

Subject to the express provisions of these terms and conditions:

i. we, together with our licensors, own and control all the copyright and other intellectual property rights vested in our website and the material on our website; and

ii. all the copyright and other intellectual property rights in our website and the material on our website are reserved.

License to use website

You may:

i. view pages from our website through a web browser;

ii. download pages from our website for caching in a web browser;

iii. print pages from our website;

iv. stream audio and video files from our website,

         subject to the other provisions of these terms and conditions.

Except as expressly permitted by the provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.

Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.

Unless you own or control the relevant rights in the material, you must not:

i. republish material from our website (including republication on another website);

ii. sell, rent or sub-license material from our website;

iii. show any material from our website in public without prior permission;

iv. exploit material from our website for a commercial purpose; or

Notwithstanding, you may redistribute our publications in print and electronic form to any person.

We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

Acceptable use

You must not:

i. use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;

ii. use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

iii. use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

iv. conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;

v. access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;

vi. violate the directives set out in the robots.txt file for our website; or

vii. use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).

You must not use data collected from our website to contact individuals, companies or other persons or entities.

You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.

Limited warranties

We will endeavor to publish material that is complete and accurate but cannot always warrant or represent:

i. the completeness or accuracy of the information published on our website;

ii. whether the material on the website is up to date; or

iii. that the website or any service on the website will remain available.

We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions.

You will not be entitled to any compensation or other payment if any of these website services are discontinued or changed, or if we stop publishing the website.

To the maximum extent permitted by applicable law, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.

Limitations and exclusions of liability

To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.

We will not be liable to you:

i. in respect of any losses arising out of any event or events beyond our reasonable control;

ii. in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill;

iii. in respect of any loss or corruption of any data, database or software;

iv. in respect of any special, indirect or consequential loss or damage.

You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

Breaches of these terms and conditions

Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:

i. send you one or more formal warnings;

ii. temporarily suspend your access to our website;

iii. permanently prohibit you from accessing our website;

iv. block computers using your IP address from accessing our website;

v. contact any or all of your internet service providers and request that they block your access to our website;

vi. commence legal action against you, whether for breach of contract or otherwise; and/or

Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking.

Variation

We may revise these terms and conditions from time to time.

The revised terms and conditions will apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.

Entire agreement

These terms and conditions, together with our privacy and cookies policy, constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with English law.

Any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of England.

Our details

This website is owned and operated by The Downs Malvern.

We are registered in England and Wales under registered charity number 1120616 and our registered office is at The Downs Malvern, Brockhill Road, Colwall, Malvern, Worcestershire, WR13 6EY.

Our principal place of business is at Brockhill Road, Colwall, Malvern, Worcestershire, WR13 6EY

You can contact us:

i. by post, using the postal address given above;

ii. by telephone, on the contact number published on our website footer;

iii. by email, using the email address published in our website footer.