Terms and conditions - Breast Cancer Now Tissue Bank

Terms and conditions

Breast Cancer Now Tissue Bank

The following agreement, together with Breast Cancer Now Tissue Bank Privacy Policy (this Agreement) sets out the terms of use on which You make use of the website at www.breastcancertissuebank.org, whether as a guest or as a registered user. Please read this Agreement carefully before You start to use the Website. By using the Website, You indicate that You accept and agree to abide by this Agreement. If You do not agree with the terms of this Agreement and the Privacy Policy, please do not use the Website.

Information about us

The Website is owned and operated by Breast Cancer Now. Breast Cancer Now is a company limited by guarantee registered in England under company number 9347608. It is a charity registered with the Charity Commission of England and Wales under number 1160558 and in Scotland (SC045584). Registered Office: Fifth floor, Ibex House, 42-47 Minories, London EC3N 1DY.

1.   Use of the Website and the Contract Between Us
1.1   In this Agreement the term "You" means the individual completing the registration process to become a registered user of the Website, or unregistered visitors to and users of the Website and ‘Your’ shall be construed accordingly.
1.2   The information and any services provided by Breast Cancer Now via the Website deal generally with issues under English Law and such information or services do not purport to comply with laws and regulations of Scotland, Northern Ireland or any country outside England and Wales. Please note that this disclaimer does not relate to human tissue held within the Breast Cancer Now (the Bank) in Scotland as such human tissues is held in Scotand in accordance with Scottish legislation.
1.3   The Website provides an online resource in respect of issues relating to breast cancer research and a portal through which to make applications for access to human tissue samples held in the Bank for research purposes.
1.4   You agree to only use the Website in accordance with this Agreement and all applicable laws.
1.5   The offer by Breast Cancer Now to provide an online resource for those interested in breast cancer research issues and access to human tissue for research purposes and Your acceptance of that offer by visiting the Website brings into existence a legally binding contract between us.
1.6   This Agreement is a contract for the provision of information and services and nothing in this Agreement shall create or be deemed to create a legal partnership or the relationship of agent and principal or the relationship of employer and employee between the You and Breast Cancer Now.

2. Obligations of Breast Cancer Now ​
2.1   Breast Cancer Now shall:
2.1.1   provide research information to visitors to the Website and to those who register as new users of the Website;
2.1.2   provide an administrator for the Website;
2.1.3   where possible moderate the content of information added to the Website by You and other third parties; and
2.1.4   provide a resource whereby you may make donations to Breast Cancer Now.
2.2   The information and services shall be provided free of charge but Breast Cancer Now reserves the right to charge for either:
2.2.1   access to certain information and services in its absolute discretion; or
2.2.2   Breast Cancer Now's costs in the provision of information or human tissue.

3.   Permitted Use
3.1   You may use the Website for lawful purposes only.
3.2   You:
3.2.1   warrant that You are 18 years old or over;
3.2.2   warrant that You are resident in the United Kingdom of Great Britain and Northern Ireland or the Republic of Ireland; and
3.2.3   warrant that You shall not register with the Website more than once.
3.3   You agree that the webmaster, administrator and moderators of the Website have the right to remove, edit, move or close any item or activity on the Website at any time should they see fit. You agree to any information You have entered above being stored in a database.
3.4   You agree to the terms of the disclaimer as stated at Clause 10 of this Agreement.
3.5   You may use the information available on the Website as a breast cancer research resource for either voluntary or professional purposes in accordance with this Agreement.
3.6   If you register with the Website and establish an account you shall be issued with a user name and password. You are responsible for keeping this information confidential and you agree not to disclose this information to any third party without the prior written consent of Breast Cancer Now. You shall remain responsible for any use of the Website occurring through the use of your user name.

4.   Prohibited Use
4.1   You may not use the Website:
4.1.1   in any way that breaches any applicable local, national or international law or regulation;
4.1.2   in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
4.1.3   for the purpose of harming or attempting to harm minors in any way.
4.2   You agree that You will not:
4.2.1   reproduce, duplicate, copy or sell any part of the Website in contravention of this Agreement;
4.2.2   access without authority, interfere with, damage or disrupt:   any part of the Website;   any equipment or network on which the Website is stored;   any software used in the provision of the Website.

5. Content You contribute
5.1   You agree that You shall abide by the contents standard as set out in this Clause 5 when You make any contribution to the Website and that any contribution You make must be:
5.1.1   accurate (where facts are stated);
5.1.2   genuinely held (where opinions are stated);
5.1.3   comply with applicable laws in the UK and in any country from which it is posted.
5.2   You agree that You shall not:
5.2.1   post any abusive, obscene, vulgar, defamatory, hateful, threatening, sexually-oriented or any other material that may violate any applicable laws. Doing so may lead to You being immediately and permanently banned (and Your service provider being informed). The IP address of all posts is recorded to aid in enforcing these conditions;
5.2.2   send, knowingly receive, upload, download, use or re-use any material which does not comply with the standards set out in this Agreement;
5.2.3   transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation including conducting or forwarding surveys, questionnaires, contests and chain letters (spam);
5.2.4   post any advertising material on the Website without the prior written consent of Breast Cancer Now. You accept that any such written consent may be subject to payment;
5.2.5   place any web-links on any part of the Website to any website;
5.2.6   knowingly transmit any data, send or upload any material that contains any viruses or other harmful programmes designed to adversely affect the operation of any computer software or hardware used in the operation of the Website.

6.   Uploading material to the Website and editing material on the Website
6.1   Whenever You make use of a feature that allows You to upload material to the Website, edit existing material on the Website, or post contributions to the Website You must comply with terms of this Agreement. You warrant that any such contribution does comply with the minimum standards set out in this Agreement and that You shall indemnify Breast Cancer Now for any breach of that warranty.
6.2   Breast Cancer Now shall moderate the content of the Website. Whilst the administrators and moderators will attempt to remove or edit any generally objectionable material as quickly as possible, it is not possible to review every contribution. Therefore You acknowledge that all contributions made to the Website express the views and opinions of the author(s) and not the administrators, moderators or webmaster (except for posts by these people) and hence Breast Cancer Now will not be held liable for those contributions.
6.3   Subject to the terms of Breast Cancer Now Privacy Policy and Clause 6.4 below, whilst information and contributions posted on the Website outside of the public areas of the Website will not be disclosed to any third party without Your consent the webmaster, administrator and moderators cannot be held responsible for any hacking attempt that may lead to the data being compromised.
6.4   Breast Cancer Now may disclose information in respect of any information or material posted on the Website to the relevant authorities should it reasonably believe that criminal activity is taking place or it believes that an individual or a group of individuals are at risk of harm.
6.5   Breast Cancer Now reserves the right at its sole discretion to disregard, delete or omit any contribution offered by You or any other third party to the Website, particularly, but not limited to information that is illegal, not in the best interests of the users of the Website or contrary to public policy or the policies of Breast Cancer Now.

7.   Intellectual Property Rights
7.1   All copyright and other intellectual property rights in the materials on the Website are owned by Breast Cancer Now unless otherwise indicated.
7.2   Where organisations linked to Breast Cancer Now have elected to provide their branding and any other intellectual property on any part the Website in agreement with Breast Cancer Campaign and Breakthrough Breast Cancer they retain ownership of all such rights.
7.3   In respect of material provided by You copyright remains with You and You hereby grant a non-exclusive, perpetual, worldwide, royalty-free, sub-licensable and transferable licence to Breast Cancer Now to use, reproduce, distribute, prepare derivative works of, and display the content in connection with the Website and Breast Cancer Now's, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels. Contributors of material to the Website also grant a licence to users of the Website to use such material on the terms of this Agreement.
7.4   You may download, print or copy any material from the Website that You wish, provided it is for Your own personal use and You keep in place all original copyright notices or other intellectual property notices. In such case if the material is not used in its original format the source must always be acknowledged as follows “taken from www.breastcancertissuebank.org, a free online resource from Breast Cancer Now. © 20[insert] [name of copyright holder]".
7.5   The material on the Website forms part of Breast Cancer Now's portfolio of educational materials. Breast Cancer Now actively encourages training providers and other commercial organisations to promote the Website through the use of URL addresses and excerpts in electronic and printed media. Excerpts must be no more than one paragraph from any given page, and not more than five paragraphs in any one commercial instance. You must always credit the material immediately after its use as follows: "Breast Cancer Now – [name of copyright holder]"
7.6   Larger sections of text from the Website can be used for commercial purposes under license from Breast Cancer Now. If You are in doubt as to how much material from the Website You can use in Your own commercial materials, or wish to obtain a license, You should contact Breast Cancer Now. You may use individual documents as precedents for Your own documents provided that You follow the requirements of commercial use in this Clause 7.
7.7   In all cases of commercial use in accordance with this Clause 7 the following notice must be included in the materials produced and remain intact: 
"This material is being used under licence from Breast Cancer Now. Selling or using extensive portions of material from the website as part of a for-profit activity, without prior written consent from Breast Cancer Now. You must obtain permission before redistributing this material, for permission please contact Breast Cancer Now."
7.8   Any permission to reproduce material from this site under this Clause 7 does not extend to any material on this site that is identified as being the copyright of a third party. Authorisation to reproduce such material must be obtained from the copyright holders concerned.
7.9   Any material reproduced in accordance with this Clause 7 must be reproduced accurately and not used in a misleading context.
7.10   Subject to the terms of this Agreement You may not copy, modify, alter, distribute, publish, sell or otherwise use any material on the Website in whole or in part, unless You have obtained the prior written consent of Breast Cancer Now.
7.11   You may not use the material on the Website as part of a training programme or in any way which competes with the Website.
7.12   For the purposes of this Agreement, commercial purposes includes a charity using the information for the purposes of fundraising or providing services which are paid for by the user or a third party, under contract or by grant.

8.   Termination
8.1   Breast Cancer Now may terminate this Agreement and Your use of the Website as a registered user or unregistered guest at any time without notice.
8.2   Any licence granted to You under this Agreement may be terminated by Breast Cancer Now:
8.2.1   immediately by notice;
8.2.2   automatically if materials form the Website are misused or used by You or us as a result of Your acting without a credit for the copyright holder or Breast Cancer Now.
8.3   You can terminate this Agreement at any time by unsubscribing from the Website by email. The termination will take effect three business days after the receipt of Your notice. Breast Cancer Now contact details are available on the Website under “Get in touch”.
8.4   For the avoidance of doubt any licence granted by You to Breast Cancer Now will not terminate on the termination of this Agreement.

9.  Limitation on Liability
9.1   Neither Breast Cancer Now nor any linked organisation shall be liable to You or to any other person or entity in any way, whether arising under contract, tort (including negligence) or otherwise, for damages of any kind arising from the use of the Website, including, but not limited to, direct, indirect, incidental, punitive or consequential damages, lost revenue or profits, lost or damaged data or other commercial or economic loss, that result from Your use of, or inability to use, the Website.
9.2   Neither Breast Cancer Now nor its linked organisations shall be liable in any way whatsoever for any loss, cost, claim or other damage howsoever caused by any third party including those whose details can be found on the Website or may otherwise be communicated to You by Breast Cancer Now.
9.3   If this limitation of liability provision shall be deemed unenforceable, either in whole or in part, then such parts as are unenforceable shall be deleted, the remaining parts shall remain in full force and effect and the liability of Breast Cancer Now and any of its linked organisations shall be limited to the greatest extent permitted by law.
9.4   Nothing in this Agreement shall exclude or limit the liability of Breast Cancer Now:
9.4.1   death or personal injury arising from its negligence; or
9.4.2   liability arising from fraud.

10.  Disclaimer of Warranty
10.1   Materials posted on the Website are for information only and are not intended to:
10.1.1   amount to advice on which reliance should be placed; or
10.1.2   constitute legal or accounting advice in relation to any of the issues covered.
10.2   Breast Cancer Now disclaims all liability and responsibility arising from You or anyone who may be informed of any of the Website’s contents placing any reliance on such materials. Prior to using any of the materials on the site You should consider whether You need to obtain any professional advice such as advice from an appropriately qualified legal advisor.
10.3   Advertisements posted on the Website by suppliers or any other third parties are for information only. Breast Cancer Now does not monitor the content of all the advertisements on the Website and does not make any representations as to their accuracy or otherwise. Any dealings You may have with those suppliers or other third parties are entirely at Your own risk.
10.4   Separate terms and conditions may apply to certain products, services and materials available through the Website. In which case this will be brought to Your attention. Subject to this, no express or implied warranties of any kind are made in respect of the Website or the products, services and materials available through it.
10.5   Breast Cancer Now does not warrant that the Website will operate uninterrupted or error/virus free or that the information on the Website is accurate or complete.

11.  Links to Other Companies or Organisations
11.1   The Website provides web-links (and other contact details) to other websites that offer products, services and materials Breast Cancer Now thinks will be of interest to You. Some of these websites are operated in conjunction with other companies/organisations and some are operated solely by independent companies/organisations. Breast Cancer Now has no control over such websites and resources and accepts no liability for any products, services, materials or information contained on or available through linked websites or otherwise provided by any other company/organisation referred to on the Website. These links are provided purely for Your convenience but Breast Cancer Now does not endorse the material on these websites.
1.2   No linked websites are covered by this Agreement, therefore, You should check what terms cover the use of these websites before using them.
11.3   You may only create a link to the Website with Breast Cancer Now's prior written permission. Breast Cancer Now reserves the right to remove any links to the Website that it deems are inappropriate without notice.

12.   Data Protection
12.1   We are permitted to process Your Personal Data (as defined by the Data Protection Act 1998) in accordance with our Privacy Policy.

13.   Changes to the Terms of Use Policy
13.1   From time to time Breast Cancer Now may add new features to the Website and enhance the level of service that Breast Cancer Now offers to You. This may lead to changes in this Agreement. Any such changes will be notified to You by Breast Cancer Now updating this Agreement and Your subsequent use of the Website will be deemed to signify Your acceptance of the changes.

14.   Waiver
14.1   No failure or delay by Breast Cancer Now to exercise any right or remedy provided under this Agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.

15.   Third Party Rights
15.1   A person who is not a party to this Agreement shall not have any rights under or in connection with it and accordingly the Contracts (Rights of Third Parties) Act 1999 shall not apply to this Agreement.

16.   Entire agreement
16.1   This Agreement supersedes all prior agreements, arrangements and understandings between the parties and constitutes the entire agreement between the parties relating to the subject matter hereof (save that neither party seeks to exclude liability for any fraudulent pre-contractual misrepresentation upon which the other party can be shown to have relied).

17.   Jurisdiction and Law
17.1   This Agreement is governed by the laws of England.
17.2   The parties irrevocably agree that the courts in England shall have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with this Agreement or the legal relationship established by them, and for those purposes irrevocably submit all disputes to the jurisdiction of the English courts.
17.3   The place of performance shall be England.