Thank you for visiting a Brake charity website. Please read these terms and conditions carefully before using this site.
If you do not accept these Terms (note in particular terms 10 and 11) please do not use this website. If you use the website (including downloading or streaming from the website) you will be bound by these Terms whether or not you have registered with us, and they will form a contract between you and us.
These Terms apply to the entire contents of this website, to any downloaded or streamed content and to any correspondence by e-mail between us and you. The Privacy Statement, Contact us section and Contribution Rules (where applicable) also form part of these Terms and Conditions (together referred to as 'Terms') and should be read also.
1. Who are we
Access and use of this website is provided by Brake , a global charity registered with the charity commission under the number 1093244 (in England) and a company limited by guarantee registered in England. References in these Terms to 'we' or 'us' are to Brake.
2.1. We may change these Terms at any time, in which case the amended Terms will be posted on the website and will apply from the date we post them. Please check these Terms on each occasion you use the website. If you continue to use the website you will be bound by the latest Terms.
2.2. The format and content of the website changes constantly. You should refresh your browser each time you visit the website to ensure that you access the most up to date version.
3. Accessing the website
3.1. Before accessing the website you should obtain permission to do so from the telephone bill payer.
3.2. We reserve the right in our sole discretion to deny any user access to the website or any part of it without prior notice.
4. Using the website
4.1. You agree to only use the website in a manner that complies with all applicable laws and regulations and is consistent with the Terms and does not infringe the rights of anyone else, nor restrict or inhibit their use and enjoyment of the website (including, without limitation, by hacking).
5.1. All content posted or submitted by users of the website, including but not limited to, stories, comments, suggestions and emails ('Contributions') must comply with the following plus our Contribution Rules. Please read these rules carefully before registering as a contributor or submitting any material to this website. If you register as a contributor the Contribution Rules will form part of the contract between you and us.
5.2. We are not responsible for Contributions posted to our websites. These Contributions express the views of the author of the Contribution, not the views of Brake.
5.3. If you have a complaint about any content on this website please contact us immediately using the Report a Contribution link. To consider your complaint we need your name, company name if relevant, contact details (both a land address, telephone number and email), details of the exact content complained of and details of why you are complaining about that content. Please note that no action can be taken without this information.
5.4. You must not post or transmit to this website any material:-
that is knowingly false or misleading
that is defamatory, illegal, abusive, vulgar, hateful, harassing, liable to incite racial hatred, blasphemous, discriminatory, pornographic, sexually oriented, threatening or invasive of a person's privacy
which you do not own or for which you have not obtained all necessary licences and/or approvals
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)
impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with anyone or entity.
5.5. We shall be entitled to reveal your identity (or any information which we have about you) if appropriate and in accordance with data protection legislation.
5.6. You agree to indemnify, defend, and hold harmless Brake and its trustees, directors, officers and employees, from and against all liabilities, claims, demands and expenses arising out of any of your Contributions which breach these Terms.
5.7. Any Contributions you transmit or post to this website shall be considered non-confidential. By transmitting or posting a Contribution to the website you:-
5.7.1. represent that you are fully entitled to do so;
5.7.2. grant us a non-exclusive, perpetual, non-terminable, worldwide, sublicensable and royalty-free licence to copy, modify, distribute, show in public and create derivative works from that material in any form and anywhere for all commercial or non-commercial purposes related to our work; and
5.7.3. authorise us to adapt the relevant material in the course of doing so and so waive all moral rights you have in your Contribution to the fullest extent permitted by law.
6.1. If you want to make use of certain facilities available through our websites or to carry out certain actions (such as registering to obtain a newsletter, receiving/streaming regular pod casts or audio content, ordering a product or contributing comments to a discussion website) you must first register with us. During registration, you will be asked to provide an individual user name and password which you will need to use each time you carry out the action which you registered for (eg each time you purchase a product or submit a Contribution). We may change your user name and password from time to time.
6.2. You must ensure that you keep your username and password confidential and that you do not disclose them to anyone, and that you also restrict access to your computer to prevent unauthorised access to your account. You will be responsible for all activities which occur under your username and password. It is your responsibility to immediately notify us of any unauthorised use of your username and password or any other breach of security as soon as you become aware of it.
6.3. By registering, you certify that all information you provide in the registration is accurate. Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering. Contributors to discussion websites must have a valid email registered with us at all times.
6.4. We may terminate your registration at any time at our complete discretion, but will generally only do so if you are in breach of website rules such as the Contribution Rules. If we terminate or suspend your registration you may not re-register with us without our written consent.
We take your privacy very seriously and will treat all of your personal information in accordance with all applicable data protection laws in England and Wales. Please read our Privacy Statement.
8. Intellectual Property Rights
8.1. You acknowledge that all copyright, trade marks and other intellectual property rights in the website and all photographs, designs, images, text, software, data, audio, video, files and other material in the website or material generated by or transmitted from the website are owned by us or our licensors. You are permitted to use the website and our material only as expressly authorised by us.
8.2. Provided you use the website and our material in accordance with these Terms you are permitted to print, download and receive extracts of our material ("Extracts") ONLY for your personal non-commercial use and for private study or teaching purposes, provided in each case that:-
8.2.1. copyright and source indications are also printed and copied and/or stored in association with the Extracts;
8.2.2. no modifications are made to the Extracts and Extracts are not used as part of any other publication or derivative work; and
8.2.3. any Extract is retained, printed and/or copied entirely and is not used in a derogatory or misleading context and in particular may not be used for the purpose of promoting, advertising, endorsing or implying a connection with you (or any third party) and Brake, its agents or employees.
8.3. The rights in term 8.2 are not transferable and no other use of our material may be made without first obtaining our written permission. In particular, you must not do the following unless you have first obtained our written permission:-
8.3.1. incorporate any of our material in any other work, broadcast or publication, whether in hard copy or electronic form; or
8.3.2. make any commercial use or publish any of our material (other than as necessary for the purpose of viewing or listening to the website in the course of business); or
8.3.3. perform, broadcast or otherwise transmit, post, share or make available to the public any of our material.
8.5. The photographic, text, graphic images, audio and video material within any products or publications supplied to you are copyright works and none of them may be copied, reproduced, licensed, broadcast, transmitted or otherwise exploited.
8.6. The Brake name and logo are our intellectual property. Other logos and names used on the website may also be owned by Brake or their respective owners. No permission is given by us in respect of the use of any such marks, names or logos and such use may constitute an infringement of the holder's rights.
8.7. Whilst we encourage our supporters to campaign on the issues referred to on our websites, please do not imply that you are taking action on behalf of Brake and in particular do not state that Brake is taking, or proposes or is considering taking, action against individuals or organisations, for example, a boycott of a company's products.
8.8. Any rights not expressly granted in these terms are reserved.
8.9. We may terminate your rights to use or receive extracts at any time at our complete discretion.
9. Advertisers and Sponsors
9.1. We may from time to time allow companies to advertise goods and services on our websites. While we will not knowingly run an advert that is untrue, or which relates to goods or services contrary to our objects, the appearance of an advert does not mean that we endorse the advertiser's goods or services. We are not responsible for the accuracy of any advertising material or for any advertised product or service.
10.1. The information provided in our websites is intended to provide general information only and, as such, should not be considered as a substitute for advice covering any specific situation. We do not check and are not responsible for the accuracy, completeness or truth of Contributions to the websites. You understand and acknowledge that all Contributions are the sole responsibility of the person who submitted the Contribution to the website. Users should seek appropriate advice before taking or refraining from taking any action in reliance on any information contained in our web websites. The material on this website is provided 'as is', without any conditions, warranties or other Terms of any kind.
10.2. You should exercise no lesser degree of caution in appraising what you see on the website than you do offline. Even though contributors to our discussion websites are prohibited from doing so, people may provide information, or otherwise behave, in a way that is unreliable, misleading or even illegal. You should also note that people may not necessarily be who they say they are. Your use of the website is entirely at your own risk.
10.3. You may not access the website from countries where its contents are illegal or unlawful. If you do access the website from locations outside the United Kingdom, you do so on your own initiative and are responsible for compliance with local laws.
10.4. We do not warrant that the functions contained in the website will be uninterrupted or error free, that defects will be corrected, or that the website or the server that makes it available is free of viruses or bugs or represents full functionality, accuracy or reliability of the materials.
10.5 Nothing in this disclaimer applies to any products which you purchase directly from Brake. Where links are provided to products on a third party website, Brake cannot ensure that purchasers will be satisfied with any products or services that are bought from that third-party website and any complaints about the performance or otherwise of the product should be taken up with the manufacturer or retailer direct. Except for products expressly sold by Brake, the inclusion of a company's product on a Brake website does not represent any endorsement or warranty of that product by Brake.
10.6 Brake does not make any representations or warranties as to the security of any information (including, without limitation, credit or debit card and other personal information) that purchasers might be requested to give to any third-party, and purchasers hereby irrevocably waive any claim against Brake with respect to such websites and third-party content. Brake strongly encourages you to make whatever investigations are necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
11.1. We do not limit in any way our liability by law for fraud or death or personal injury caused by our negligence or breach of statutory duty or any other liability which cannot be excluded or limited under applicable law.
11.2. Subject to clause 11.1, you agree that we will not be liable for:-
11.2.1. Any loss, disruption or damage to your data or your computer system; or
11.2.2. Any other loss or damages whatsoever (including, but not limited to, loss of profit or loss of use, direct, indirect or incidental loss) arising out of your use or inability to use our websites (including downloading or streaming from the website), their content, any information on or from the websites or any link to another website and whether such loss or damage arises in contract, tort (including negligence) or otherwise.
12.1. Our website may contain links to third party websites and in particular, links to third party websites may be contained in user Contributions. Such links are provided for your convenience only. We do not necessarily control such websites and are not responsible for their contents. The mere inclusion of such links does not imply any endorsement of the material on those websites or any association with their operators. If you decide to access any of the third party websites linked to from this website, you do so entirely at your own risk. We cannot guarantee that these links will work all the time and we have no control over the availability of the linked pages.
12.2. Extra care should be taken when using links contained in user Contributions. We do not check these links and are not responsible for them. If you are not familiar with the website linked to, it is safer not to use the link.
12.3. If you wish to link from your website to our website you may do so only on the basis that you link to, but do not replicate, the home page, and subject to the following conditions:-
12.3.1. The linking text must simply consist of the website address;
12.3.2. You do not remove, distort or otherwise alter the size or appearance of any logos on the website;
12.3.3. You do not in any way imply that Brake is endorsing any products or services;
12.3.4. You do not misrepresent your relationship with Brake nor present any other false information about it;
12.3.5. You do not otherwise use any Brake trade marks displayed on our websites without our express written permission;
12.3.6. You do not link from a website that is not owned by you; and
12.3.7. Your website does not contain content that is distasteful, pornographic, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
12.4. At any time and at our complete discretion we reserve the right to withdraw the permission to make website links to our websites.
If any of these Terms should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country which apply to these Terms, then to the extent and within that jurisdiction in which that Term is illegal, invalid or unenforceable, it shall be severed and deleted from these Terms and the remaining Terms shall survive, remain in full force and effect and continue to be binding and enforceable.
If you breach these Terms and we take no action, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach these Terms.
15. Events Beyond our Control
We will not be liable to you for any delay in delivering any services or order or breach of our obligations, if the delay or breach is due to 'acts of god', civil commotion, riots, malicious damage, floods, drought, fire, legislation, failure of ISP or telecommunications provider or other cause beyond our reasonable control. This does not affect your statutory rights.
16. Law, Courts and Language
These Terms, use of our websites and the supply of products and services by us are governed by and to be interpreted in accordance with English law. In the event of any dispute arising in relation to these Terms, use of our websites or in relation to the supply of any products or services by us the English courts will have jurisdiction over the dispute. These Terms and this website are provided in the English language only.