Barton Village

User Terms and Conditions

Please read these Terms & Conditions carefully. They set out the terms under which you may use this website whose address is www.barton-village.co.uk The website is owned and operated by Barton Parish Council "the Council".

The agreement set out in these terms is made between you and the website. Please also read the Privacy Policy on this website and the Disclaimer which forms part of these Terms & Conditions ("The Terms")

  • Definitions and Interpretations:
    1. Contributor" means any organisation or individual or otherwise directly involved with provision of any part of or the whole of the website;
    2. "User" means a Contributor or user of the website;
  • The website:
    1. By using the website you agree that you have read and accepted these Terms and that they apply to your use of the website.
    2. Some parts of the website operated by the Council may have additional terms and conditions which apply.
    3. Some parts of the website, services accessible through the website and sites which may be accessed through the website are operated by third parties other than the Council. Where such parts of the website, services and/or sites are operated by a third party additional terms and conditions may apply.
    4. The Council has no control over those parts of the website, the services and/or sites provided by third parties and cannot be held liable for your use of or any liability arising out of such parts of the website, the services and/or sites (save to the extent required by law).
  • Use of the website:
    1. The website and the services provided through it ("the Services") (other than those specific commercial or business related services, sites), are made available for personal use only and shall not be used for any commercial purpose (whether or not for profit).
    2. The website is intended to be inclusive rather than exclusive and is therefore available for use by those resident or accessing the website anywhere in the world and of any age. However, you acknowledge and agree that it may be necessary from time to time to restrict access to the website or parts of the website or the provisions of certain Services for certain Users, or in certain jurisdictions, including, but not limited to, in order to ensure compliance with national laws or for the purposes of public interest.
  • You agree that:
    1. You shall not use the website to transmit or store material which is obscene, racist, threatening, menacing, offensive, defamatory, abusive, in breach of confidence, in breach of any intellectual property right or which is in breach of any applicable law;
    2. You shall not transmit material through the website in such a way as to risk damaging or impairing the website or any part of it: By transmitting excessive material or using or transmitting applications which have large bandwidth requirements; or by transmitting anything (including, but not limited to, viruses) through the website which shall cause or is likely to cause harm to any of the Company's computer systems or any other computer systems owned or used by any Users.
  • Intellectual Property: The Council is the owner of:
    1. those trade marks (registered and unregistered) indicated as such throughout the website from time to time including, but not limited to, business logos and branding; and
    2. the copyright and other intellectual property rights in the software, designs, text, graphics and other material and the selection or arrangement of such material on the website and all other trade marks (whether registered or unregistered) used on the website which are not licensed to it by any third party; and
    3. you shall not use any trademarks, copyright or other intellectual property rights appearing on the website without the prior written consent of the Council or the appropriate intellectual property owner.
    4. If you provide any text or graphics for publication on the website you automatically grant to the Council a perpetual, transferable, royalty free, irrevocable, non-exclusive right and licence to use such text or graphics in any way which the Council deems appropriate. In addition you waive any and all moral rights in such text or graphics.
    5. Subject to any specific copyright notices on any part of the website, you may download and temporarily store one or more of the pages of the website for the purpose of viewing on a personal computer and monitor, and
    6. you may print out in hard copy one copy of portions of the website for your personal, non-commercial use only. Any other use, copying, publication or transmission of material from the website without the prior written permission of the Council is strictly prohibited.
  • Liability:
    1. All information on the website is of necessity general.
    2. You use such information entirely at your own risk and the Council accepts no responsibility for such information and your reliance on it.
    3. The information contained on the website may contain technical inaccuracies or typographical errors. All liability of the Council howsoever arising for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law. Save to the extent required by law, no representations or warranties are made in respect of the website, its content or the Services.
    4. All liability of the Council, however arising for any loss suffered as a result of your use of the website and/or the Services is expressly excluded to the fullest extent permitted by law.
    5. The Council will use its reasonable endeavours to monitor all materials that pass through the website but cannot ensure that all such material is monitored.
    6. You must notify the Company immediately if you become aware of any material appearing on the website that is illegal or offensive or if you reasonably believe it to be otherwise inappropriate for the website.
    7. The individual content providers are responsible for ensuring that the material they include on the website is appropriate and legal and the Council will not limit access to material or remove material unless notified in writing that it is illegal. However, the Council shall have the right to remove any items it believes may be illegal or are inappropriate for use on the website.
    8. The Company may terminate or suspend your access to the website and/or any of the Services immediately without notice to you for any reason.
    9. You shall notify the Council immediately of any claims brought or threatened against you in relation to your use of the website. Where a claim is brought against the Council by a third party in relation to your use of the website you hereby agree to indemnify and to keep indemnified the Council in respect of all losses, costs, actions, proceedings, claims, damages, expenses (including reasonable legal costs and expenses), or liabilities howsoever, suffered or incurred by the Company as a consequence of your breach of these Terms.
  • Availability and Security of the Portal and the Services:
    1. The Council cannot and does not warrant or represent that you will have full and error free operation of and access to the website and/or the Services at all times. All liability of the Council, howsoever arising from any loss whatsoever arising from your inability to use the website or any part of it is excluded, to the fullest extent permitted by law.
  • Data Protection and Use of Personal Information:
    1. The Council acknowledges its obligations under the Data Protection Act 1998 and related legislation and shall use its reasonable endeavours to ensure that the website and/or any personal information and/or data it holds are kept secure. However,due to the nature of the internet, the Council cannot accept any liability for those who intentionally attempt to and/or gain unauthorised access to the website (save to the extent required by law).
    2. You acknowledge and agree that all personal information you provide may be transmitted over the internet, and that transfers of such personal information may be made to any country in the world, regardless of the extent of any data protection laws and regulations in any of those countries.
    3. The Council reserves the right to forward your personal details to the police or any other relevant third parties in order to comply with the law or in relation to any suspected misuse by you of the Portal.
    4. Where it is lawful and necessary for its legitimate business purposes, the Council may monitor e-mails you send and receive through the website.
    5. Other than as set out in these Terms, the Privacy Policy and the Disclaimer your information shall not be disclosed or used by the Council.
  • Payment:
    1. Use of the website is currently made available without charge to you by the Council except where otherwise stated. However, you are responsible for all telephone charges necessary to access and use the website and all other charges which may be incurred by you through your use of the website, including, but not limited to, charges for any Services (whether provided by the Council or otherwise).
  • Force Majeure:
    1. The Council shall not be liable to you for any loss or damage which may be suffered by you due to any cause beyond the Council's reasonable control including, without limitation, any power or system failure.
  • Notices:
    1. Any notice to be given under these Terms shall, unless otherwise expressly stated, be in writing and shall be given by sending the same by first class post, facsimile transmission or email to the other party's address stipulated in these Terms or such other address as may be designated from time to time or, if no such address is stipulated, then to the registered office or headquarters of that party.
    2. Any notice sent by first class post shall be deemed to have been delivered 48 hours after posting.
    3. Any notice given by facsimile transmission or email shall be deemed to have been delivered on the next working day following transmission. Intellectual Property Rights except as expressly stated in these Terms, neither party shall acquire any rights to the Intellectual Property Rights belonging to the other as a result of the provisions of these Terms.
    4. Assignment/Sub-Contracting:
      • The agreement contained in these Terms is personal to you and you may not assign or otherwise transfer, all or any of your rights and obligations under these terms without the prior written consent of the Council.
      • The Council reserves the right to assign or transfer all or any of its rights and obligations under these Terms to any third party without your consent. In the event of such an assignment or transfer, the Council may notify you by e-mail or by posting a notice on the website home page.
      • The Council may sub-contract any of its obligations under these Terms. No Waiver No failure to exercise or delay in exercising any right or remedy under these Terms shall constitute a waiver thereof or of any subsequent or other breach of these Terms. Variations
  • The Council:
    1. reserves the right to vary these Terms from time to time. Such changes shall either be notified to you by e-mail or posted on the website home page. Such changes notified in this manner shall be deemed to have been accepted by you if you continue to use the website after a period of two weeks from the date of transmission of the e-mail or of the posting on the website home page, whichever occurs later.
  • Severability:
    1. If any term or provision in these Terms shall be held to be illegal or unenforceable in whole or in part under any enactment or rule of law such term or provision or part shall to that extent be deemed not to form part of these Terms but the validity and enforceability of the remainder of these Terms shall not be affected.
  • Contracts (Rights of Third Parties) Act 1999:
    1. Except as expressly provided in these Terms, a person who is not a party to these Terms shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of these Terms provided that this does not affect any right or remedy of the third party which exists or is available apart from that Act.
  • Entire Agreement:
    1. These Terms, together with the Privacy Policy and the Disclaimer represent the entire understanding between you and the Council in relation to its subject matter and supersede all prior agreements, understandings or arrangements made by either party whether oral or written. Where there is a conflict between these Terms, the Privacy Policy and the Disclaimer then these Terms shall prevail.
    2. You acknowledge that you are not entering into these Terms in reliance on any representation of the Council except those contained in these Terms and in the event of misrepresentation (other than fraudulent misrepresentation) the only remedy available shall be a claim for breach of contract.
  • Governing Law:
    1. These Terms shall be governed by and construed in accordance with the laws of England and Wales and each of the parties hereby irrevocably submits to the exclusive jurisdiction of the courts of England and Wales.

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