GOLDEN MILE TERMS AND CONDITIONS
ATTENTION: This legal notice applies to the entire contents of the Website under the domain name www.golden-mile.org (Website) and to any correspondence by e-mail between us and you (the “User”).
Please read these terms carefully before using the Website and completing the application form for a Golden Mile account. Using the Website and completing the application confirms your acceptance (and on behalf of the Customer) of these terms regardless of whether or not you choose to register with us. If you do not accept these terms, do not use the Website, nor complete the application and contact firstname.lastname@example.org. This notice is issued by Golden Mile UK Ltd (“Golden Mile”).
The following words or phrases shall have the meanings ascribed to them below -
the access terms detailed in the Schedule to these Terms & Conditions;
the Website Terms and Conditions, these Terms & Conditions, the Access Terms and your on-line application form for a Golden Mile Account;
information including all data, messages and other materials used as part of the Service in both machine readable and printed form;
is the person nominated on the on-line application form under “Contact details”;
Golden Mile UK Ltd, (Co. No. 04723658) Old Apple Store, Church Road, Shropham, Attleborough, Norfolk, NR17 1EJ;
Golden Mile Content
either provided by Golden Mile or its licensors or as modified by Golden Mile from time to time including your Content once assigned;
Intellectual Property Rights
all copyrights and other intellectual property rights, howsoever arising and in whatever media, whether or not registered, including (without limitation) patents, trade marks, service marks, trade names, design rights, database rights and any applications for the protection or registration of these rights and all renewals and extensions thereof throughout the world;
the school, group or organisation as detailed on the on-line application for a Golden Mile Account being the school, group or organisation to receive the Service and as recorded on the Customer Home Page;
the Golden Mile service as described on the Website;
Golden Mile’s statement on the use of personal data as set in the Website Terms and Conditions;
the date of this Agreement being the date you submit your on-line application form for a Golden Mile Account;
any person who is not the Coordinator or a User;
one person per class (up to a maximum of 35 pupils) or per 35 children, who is authorised to access and use the Service by the Customer as notified to Golden Mile from time to time;
the Customer and/or Coordinator and/or the Users, as appropriate;
any content provided by the Customer in relation to this Agreement and/or the Service.
2.1 By accessing any part of the Website, you shall be deemed to have accepted this legal notice in full. If you do not accept this legal notice in full, you must leave the Website immediately.
2.2 Golden Mile may revise this legal notice at any time by updating this posting. You should check the Website from time to time to review the then current legal notice, because it is binding on you. Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages at the Website.
3.1 Golden Mile grants to the Coordinator and each User during the term of this Agreement a non-exclusive, non-transferable licence to use the Service and Golden Mile Content on the Customer network for your business use.
3.2 You are permitted to print and download extracts from the Website for your own use on the following basis:
(a) no documents or related graphics on the Website are modified in any way;
(b) no graphics on the Website are used separately from the corresponding text; and
(c) Golden Mile’s copyright and trade mark notices and this permission notice appear in all copies.
3.3 Unless otherwise stated, the copyright and other intellectual property rights in all material on the Website (including without limitation photographs and graphical images) are owned by Golden Mile or its licensors. For the purposes of this legal notice, any use of extracts from the Website other than in accordance with clause 3.1 for any purpose is prohibited. If you breach any of the terms in this legal notice, your permission to use the Website automatically terminates and you must immediately destroy any downloaded or printed extracts from the Website.
3.4 Subject to clause 3.1, no part of the Website may be reproduced or stored in any/ other website or included in any public or private electronic retrieval system or service without Golden Mile’s prior written permission.
3.5 Any rights not expressly granted in these terms are reserved.
4. Service access
4.1The Customer will procure that the Coordinator and the Users read, accept and comply with these terms and conditions during the Term of this agreement.
4.2 The Customer may have one Co-ordinator. Users are one per school class (up to a maximum of 35 named pupils); or per 35 children.
4.3 The Customer shall remain responsible at all times for the conduct of the Coordinator and Users and ensuring their compliance with the terms of this agreement.
4.4 The Customer shall be responsible for ensuring that the Coordinator, Users and children (or their parents/guardians as appropriate) are aware that Golden Mile will store and monitor the children’s personal details in accordance with the Data Protection Act. Golden Mile uses a third party hosting provider to securely store all data.
4.5 Golden Mile may send newsletters regarding the Service to parents or guardians that have opted in to receive such information.
4.6 The Customer is responsible for (i) notifying Golden Mile of any Users or the Coordinator whose access is to be revoked; (ii) any participants in the Golden Mile including children, pupils and Users; (iii) all health and safety aspects relating to participants and the organisation and operation of the Golden Mile concept; and (iv) any errors in the details on the Customer Home Page.
4.7 If the Customer requires additional Users, Co-ordinators, classes or children, the Customer shall be required to provide written notification to Golden Mile and to pay the relevant additional charges.
4.8 Golden Mile reserves the right to invoice the Customer for the cost of the Fundraising pack if the Customer uses the Service for any fund raising and/or related activity or event.
4.9 While Golden Mile endeavours to ensure that the Website is normally available 24 hours a day, Golden Mile shall not be liable if for any reason the Website is unavailable at any time or for any period.
4.10 Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond Golden Mile’s control.
5. Visitor material and conduct
5.1 You are prohibited from posting or transmitting to or from the Website any material:
(a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
(b) for which you have not obtained all necessary licences and/or approvals; or
(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 any 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).
5.2 You may not misuse the Website (including, without limitation, by hacking).
5.3 Golden Mile shall fully co-operate with any law enforcement authorities or court order requesting or directing Golden Mile to disclose the identity or locate anyone posting any material in breach of clause 5.1 or clause 5.2.
6. Registration and Termination
6.1Each registration is for a single User only. Golden Mile does not permit you to share your User name and password with any other person nor with multiple users on a network. Golden Mile recommends that Users use “strong” passwords which contain a mixture of upper, lower case letters, numbers and symbols.
6.2 Responsibility for the security of any passwords issued rests with you. Golden Mile will not accept any responsibility for any loss or damage caused to a User by your failure to comply with clause 6.1 above.
6.4 Golden Mile reserve the right to suspend or terminate a User’s account or cease providing you with all or part of the Website services at any time for any reason, including, but not limited to, a breach of the terms set out in clause 3, 4 or 5 above. Golden Mile will make reasonable efforts to notify you by the email address associated with your account of any such action that is deemed necessary by Golden Mile to take.
7.1 While Golden Mile endeavours to ensure that the information on the Website is correct, Golden Mile does not warrant the accuracy and completeness of the material on the Website. Golden Mile may make changes to the material on the Website at any time without notice. The material on the Website may be out of date, and Golden Mile makes no commitment to update such material.
7.2 The material on the Website is provided "as is", without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, Golden Mile provides you with the Website on the basis that Golden Mile excludes all representations, warranties, and conditions.
7.3 Golden Mile do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will Twitter be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.
8.1 Golden Mile, any other party (whether or not involved in creating, producing, maintaining or delivering the Website), and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with the Website in any way or in connection with the use, inability to use or the results of use of the Website, any websites linked to the Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Website or your downloading of any material from the Website or any websites linked to the Website.
8.2 Nothing in this legal notice shall exclude or limit Golden Mile’s liability for:
(a) death or personal injury caused by negligence; or
(b) fraud; or
(c) misrepresentation as to a fundamental matter; or
(d) any liability which cannot be excluded or limited under applicable law.
8.3 If your use of material on the Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
8.4 For the avoidance of doubt, it is the Customer’s responsibility at all times to ensure that all Users of the Golden Mile;
(a) are supervised; and
(b) ensure that they have appropriate foot wear for the weather conditions
9. Governing law and jurisdiction
This legal notice shall be governed by and construed in accordance with English law. Disputes arising in connection with this legal notice shall be subject to the exclusive jurisdiction of the English courts.
10. ADDITIONAL INFORMATION
10.1 Users may also want to view the following page on the website which also govern the use of the Website;
Effective / Issue date May2014
The Golden Mile regards your privacy as important and will ensure that any personal information that you provide us with will only be used in accordance with the Data Protection Act 1998.
We do not store any personal information about individuals about who visit this website except where contact information is provided or you use one of our online services. Any information that you provide will only be used for the reasons specified, including but not limited to, keeping you updated with details of courses, camps and services that may be of interest to you. We may contact you by post, telephone or email unless you have indicated otherwise to us.
We may share this information (unless you request that we do not) with selected third parties to provide information to you about other services and products that we think might be of interest to you. You have the right to opt out of receiving such promotions or information from us or our chosen third parties at any time. This can be done by emailing us at email@example.com.
We will store the information for as long as necessary to fulfil the purpose(s) above and in accordance with the law. We will only disclose your information to other parties in the following circumstances (except where specified above)
View our Data Protection Policy
You can request a copy of the information that we hold about you at any time and a small fee may be payable. If you think any information we hold about you is incorrect you should notify the Data Protection Officer at firstname.lastname@example.org. Any information which is wrong will be corrected as soon as possible. We strive to protect the security of information which you have provided and will use appropriate security measures to safeguard such data.
By using this website you hereby agree that The Golden Mile can use your personal information in the way set out in this policy.