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Terms and conditions

These are the terms and conditions of use for this Action on Hearing Loss website.

Important legal notice

These terms are posted here by Action on Hearing Loss ("Action on Hearing Loss", "we", "our" or "us"). Action on Hearing Loss is the new name for RNID (Royal National Institute for Deaf People). We are the owner of the site, located at www.actiononhearingloss.org.uk ("website") and these terms apply to the entire contents of this website. You, the website visitor ("you" or "your") and your use of this website are subject to these terms, so please read them carefully. Your continued use of this website indicates that you accept these terms in full.

Access and availability

This website is intended for use in the United Kingdom only and we do not claim that this website or any part of it is appropriate for use outside of the United Kingdom.

By accessing any part of this website, you shall be deemed to have accepted these terms in full. If you do not accept these terms in full, then you must leave this website immediately.

We try to keep this website available 24 hours a day: however, we will not be liable if for any reason this website is unavailable at any time or for any period.

Revision

We may revise these terms at any time by updating them and re-posting them here. You should check to see if these terms have been revised from time to time because they are binding on you in their current form and in any revised form once posted here. Other terms relating to the use of specific parts of this website may be posted at other locations (“specific terms”); for example, terms that apply to the use of Action on Hearing Loss’s online shopping facility. If there is any conflict between specific terms and these more general terms then the specific terms will take precedence over these terms.

Registration

You will be able to access most areas of this website without registering any of your details with us; however, in order to receive certain services or to enable you to fully interact with this website you may be required to register certain information with us. In addition some areas of this website may only be accessible to you if you are a member of Action on Hearing Loss. You agree to provide us with accurate information when registering. You also agree to notify us of any changes to that information, to ensure that it remains accurate at all times. We reserve the right to refuse you access to this website if any information provided by you proves to be inaccurate.

Passwords

Certain parts of this website may only be accessed using a password. We may agree to issue you with one; however, we are under no obligation to do so and reserve the right to refuse you a password without reason. If we do issue you with a password then you will be responsible for maintaining the confidentiality of any password issued and you agree not to transfer your use of any password to any other person.

Copyright and trade marks

The name “Action on Hearing Loss” and Action on Hearing Loss’s logo (“marks”) are the registered trade marks of Action on Hearing Loss and are Action on Hearing Loss’s protected property. We are the owner of the marks and/or authorised user of all other trade marks, service marks, design marks, copyrights, database rights and all other intellectual property appearing on or contained within this website, unless otherwise indicated.

Private use and non-commercial use

When visiting this website you are welcome to print hard copies of the material found on it for non-commercial teaching and educational purposes, and for your own lawful, personal, non-commercial use. All other copying, whether in electronic, hard copy or other format, is not allowed. We allow you to access this website on the condition that you do not reproduce, transmit, publicly perform, distribute, adapt, translate, modify, bundle, merge, share or make available to any person, or create derivative works of any material located on this website, or use it for commercial purposes, without our prior written consent.

Any use of material found on this website other than in accordance with these terms is not allowed and will be in breach of these terms. If you are in breach of these terms then your permission to use this website will automatically terminate and you must immediately leave this website and destroy any downloaded or printed extracts from this website.

All rights not expressly granted in these terms are reserved to Action on Hearing Loss.

Incorrect information

While we try to ensure that the information on this website is correct, we do not warrant the accuracy and completeness of the material on this website. We may make changes to the material on this website, or to any products, services or any prices displayed, at any time and without notice. The material on this website may be out of date, and we make no commitment to update such material.

The material contained at this website is provided ‘as is’ without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which, but for these terms, might have effect in relation to this website.

Medical information

Any medical information referred to in or through this website is presented for information purposes only. None of the materials on this website are intended to constitute professional medical advice, nor are they intended to replace consultation with a qualified medical practitioner. We do not recommend or endorse any specific test, product, procedure, service or information that may be mentioned, linked or referred to. Action on Hearing Loss and those posting or otherwise providing information, services or material on this website are not responsible or liable for any consequences relating directly or indirectly to any action or inaction you take based on the information, services or other material posted to this website.

Important notice

You should always obtain professional medical advice before making any decision that may have medical implications for you.

Information on disability discrimination

Any information on disability discrimination referred to in or through this website is presented for information purposes only. It is not, nor is it intended to constitute legal advice nor is it intended to replace consultation with a qualified legal practitioner. Action on Hearing Loss and those posting or otherwise providing information, services or material on this website are not responsible or liable for any consequences relating directly or indirectly to any action or inaction you take based on the information, services or other material posted to this website.

If you require further information on disability discrimination please call our Information Line by telephone on 0808 808 0123, or by textphone on 0808 808 9000, or send a fax to 0207 296 8199.

Important notice

You should always seek independent legal advice from a qualified legal practitioner before making any decision based on the disability discrimination information contained on this website.

Important notice

You should have your needs properly assessed before making any decision on the products reviewed on this website.

Products

From time to time we may post information and reviews for products on this website and share our views on these products with you. Product reviews posted to this website are provided as a guide to assist you in making your own informed choice. We will not be responsible or liable for any consequences relating directly or indirectly to any action or inaction you take based on the product reviews found on this website.

Forums

We welcome and encourage the sensible exchange of views and ideas between users of this website and we provide a forum for you to do this. By their very nature, forums are real-time bulletins and we do not warrant the accuracy, completeness or usefulness of any information posted using the forum facilities nor do we accept any responsibility for the contents of any message. Any message posted expresses the views of the author of that message only and not necessarily our views. For further information read our "Forum code of conduct".

Other than personally identifiable information, which is covered under our Privacy policy, any material you transmit or post to this website will be considered non-confidential and non-proprietary. We will have no obligations with respect to such material and we will be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.

We welcome and encourage the sensible exchange of views and ideas between users of this website and we provide a forum for you to do this. By their very nature, forums are real-time bulletins and we do not warrant the accuracy, completeness or usefulness of any information posted using the forum facilities nor do we accept any responsibility for the contents of any message. Any message posted expresses the views of the author of that message only and not necessarily our views.

It is not possible for us to actively monitor and review all of the messages and information posted using this forum facility, nor can we confirm the validity of information contained within any message posted and we accept no responsibility for any message or information posted to this website using the forum facility. We do require our forum users to maintain good standards of conduct when using the forum facility and to abide by our forum code of conduct (the “code”). Before any forum facilities are made available through this website to you, you agree to abide by the code which is now set out in full below.

Forum code of conduct

Users of this forum facility must not post material which:

  • is or is likely to be, discriminatory, hateful, false, inaccurate, threatening, defamatory, abusive, obscene, indecent, seditious, offensive, pornographic, harassing, profane, sexually oriented, invasive of a person's privacy, liable to incite racial hatred, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, or which may cause annoyance or inconvenience or otherwise be a breach of the law
  • is copyrighted material unless the copyright is owned by the user or unless the user has all necessary licences and/or approvals
  • would constitute or encourage 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 the UK or any other country in the world
  • constitutes an advertisement, chain letters, pyramid schemes or any other form of solicitation
  • would be technically harmful (including, without limitation hacking, the introduction of computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).

While we are not obliged to do so, we do try to monitor a proportion of the messages and information posted using this forum facility to ensure that the code is being complied with. We do have the ability and the right to remove objectionable messages and information that we find posted on our website and we will make every effort to do so in a timely fashion. Your assistance in this matter does help us so, if you consider that any posting breaches our code please do let us know by emailing us on webteam@hearingloss.org.uk and we will endeavour to remove any posting that is in breach of the code within a reasonable time frame, if we determine that removal is necessary. Removal is a manual process so please realise that we may not be able to remove or edit particular messages or information immediately.

Disclaimer

We welcome and encourage the sensible exchange of views and ideas between users of this website and we provide a forum for you to do this. By their very nature, forums are real-time bulletins and we do not warrant the accuracy, completeness or usefulness of any information posted using the forum facilities nor do we accept any responsibility for the contents of any message. Any message posted expresses the views of the author of that message only and not necessarily our views.

Cooperation with authorities

We will fully cooperate with all law enforcement authorities and any court orders requesting or directing that we disclose the identity or locate anyone posting messages or information to this website.

You remain solely responsible for the content of any messages you post using this forum facility and you agree to indemnify us in respect of any costs, expenses, losses, damages or claims arising from the transmission and posting of your messages and information.

Links to third party websites on this website are provided solely for your convenience. If you decide to use these links, you leave this website. We have not reviewed any of these third party websites and we do not control and are not responsible for these websites or their content. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this website, you do so entirely at your own risk.

If you would like to link to this website, you may only do so, unless otherwise agreed with us in writing, on the basis that you link to, but do not replicate, the home page of this website, and subject to the following conditions:

  • You do not remove, distort or otherwise alter the size or appearance of the marks or any other trade marks appearing on this website.
  • You do not create a frame or any other browser or border environment around this website.
  • You do not in any way imply that we are endorsing any products or services.
  • You do not misrepresent your relationship with us nor present any other false information about us.
  • You do not otherwise use any of the marks or any other intellectual property displayed on this website without express written permission from us.
  • You do not link from a website that is not owned by you unless you have the written permission/authority of the owner of that website to do so.
  • Your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.

Action on Hearing Loss, any other party (whether or not involved in creating, producing, maintaining or delivering this website) and any of its officers, directors, employees, or agents 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 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 this website in any way or in connection with the use, inability to use or the results of use of this website, any websites linked to this 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 this website or your downloading of any material from this website or any websites linked to this website. In so far as we are able to do so we exclude liability for any and all direct, indirect or consequential loss or damages that result from your use of this website.

Nothing in these terms shall exclude or limit our liability for:

  • death or personal injury caused by our negligence
  • fraud
  • misrepresentation as to a fundamental matter
  • any liability which cannot be excluded or limited under applicable law.

If your use of material on this website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.

Data protection statement

As a responsible organisation, we comply fully with the requirements of the Data Protection Act 1998 (“Act”). We are registered under the Act with registration number Z6590889.

We are committed to a policy of protecting the rights and privacy of individuals in accordance with the Act. Any personal information that we collect from you is collected and used fairly, stored safely and securely and not disclosed to any third party unlawfully.

Privacy policy

This Privacy policy applies to any personal data collected and used by us over this website.

What we collect

During your visit to this website we may collect personal information about you such as your email address, your name and your address and your telephone number. On occasions we may conduct online surveys and if we do we may collect certain other demographic information about you such as your age, your gender and any disabilities that you may suffer from. If you choose to use our online shopping facilities we may collect additional information from you of a financial nature, including your credit card number and your billing address. We may also collect information about your visit to our website, including the pages you view, the links that you click on and other actions taken within our website. We also collect certain standard information that your browser sends to every website you visit, such as your IP address, browser type and language, access times and referring Web site addresses.

Why we collect it

We collect and use your personal information to communicate with you and tell you about our charitable work for deaf and hard of hearing causes. We may use it to send emails to you and information such as our monthly e-newsletter. We may use it to notify you of the campaigns that we are running and our fundraising activities and to seek your support with these. We may use it to provide services to you that you have specifically requested from us or to deliver products to you that you have ordered from us.

Who we share your information with

We do not sell, rent or lease the information we collect to any third parties and we do not use or disclose information of a sensitive nature such as information about any disability that you might have, your race, religion, or political affiliations, without firstly obtaining your explicit consent.

We may share your information with other like-minded organisations so that they may send you information that might be of interest to you but we will not do so unless you have consented to us sharing your information in this way. We also share your information with those companies that we contract with to provide services on our behalf, such as handling the printing, processing and delivery of mailings, processing online financial transactions, or analysis of the data we collect. We will only provide these companies with the personal information they require to deliver these services to you and on the understanding that your personal information is maintained confidentially and securely and that its is used only for purposes that you have consented to.

We may access and/or disclose your personal information if we are required to do so by operation of law or in good faith, if we believe that such disclosure is necessary to conform with the law or comply with any legal process served on us or this website, and to protect and safeguard our rights and our property or in urgent circumstances to safeguard users of our website, our services and members of the public.

Control of your personal information

You may choose not to have your personal information used in any of the ways described in this Privacy policy. Where your personal information is collected you will often be given the opportunity to give or refuse your consent to certain uses of your personal information. If at any time you wish to have your personal information removed from our records, or you wish us to stop using your personal information in certain ways, or if you wish to discover the extent of personal information that we hold about you (“Subject Access Request”) then please write to the Data Protection Officer, care of Head of Legal Services at Action on Hearing Loss, 19-23 Featherstone Street, London EC1Y 8SL. Remember that if you are making a Subject Access Request then we make a charge for supplying you with this information. To help us to locate and provide to you the information that we may hold on you quickly and efficiently you must include in any Subject Access Request letter as much information about your reason for making the request, how you believe we came to hold your personal information and the purposes to which you believe we are putting that information.

Security of your personal information

We use a variety of security technologies and procedures to help protect your personal information from unauthorised access, use or disclosure. We store personal information you provide on computer systems that have limited access and which are located in secure facilities. Any highly confidential information (such as a credit card numbers and bank details) that we hold and process is managed over the Internet by Datacash encryption software and protected using the Secure Socket Layer (SSL) protocol.

Unfortunately, security of information and payments transmitted over the internet cannot be guaranteed and therefore if you choose to provide us with any of your financial information you do so at your own risk and you will not hold us liable for any loss that you might suffer as a result.

Cookies

During the course of your visit to our website, the pages you see, along with a 'cookie', are downloaded to your computer. We do this because cookies enable us to do useful things such as find out whether you have visited our website before by checking to see, and finding, the cookie we left there on your previous visit. Cookies help us to provide you with a better experience when you visit our website as well as helping us to customise your profile. For example, if on a previous visit you went to our pages on campaigns, we might find this out from the cookie and then highlight campaigns information to you on your next visit.

What is a cookie?

A cookie is a small text file containing a random and unique identifier (for example #12489). This text file is sent to your browser from our web server and it is then stored onto your computer's hard drive. You can elect to accept all cookies, receive notification when a cookie is sent or decline all cookies. Remember, any alterations to your browser settings may affect your enjoyment of our website.

These terms constitute the whole agreement and understanding between Action on Hearing Loss and you in relation to your use of this website and they supersede any previous written or oral agreements made between you and Action on Hearing Loss with respect to this website.

We may assign, transfer or otherwise sub-contract any of our obligations, benefits or rights under these terms to any third party but you may not.

Any person who is not a party to these terms has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these terms.

If any provision of these terms is found by a court to be invalid, you agree that such provision shall be deemed substituted by an alternative provision so as to give effect to the original intentions of Action on Hearing Loss and you and the remaining provisions shall remain in full force and effect.

These terms shall be governed by and construed in accordance with English law and any disputes arising in connection with these terms shall be subject to the exclusive jurisdiction of the English courts.

Definitions
“Access Code” means the access code required to access the Licensed Materials, as provided to you by Action on Hearing Loss (formerly RNID) in the Start to sign! book.
“Action on Hearing Loss” means the Action on Hearing Loss, of 19-23 Featherstone St, London EC1Y 8SL. Action on Hearing Loss is a company registered in England and Wales (no. 454169) and a charity registered in England and Wales (no. 207720) and Scotland (SC038926).

“You, your” means you the licensee who wishes to make use of the Licensed Material.
“Licensed Materials” means those Start to sign! materials and video clips located on Action on Hearing Loss’s website from time to time which are remotely accessible by using the Access Code.
“Licence” means the licence granted under section 3 of these Terms and Conditions.
“Title” means the book entitled Start to sign!

Ownership of materials and copies
The Licensed Materials are copyrighted works of authorship and are also protected under applicable trademarks and database laws. Action on Hearing Loss retains ownership of all right, title and interest in and to the Licensed Materials and all subsequent copies of them, regardless of the form in which the copies may exist. This Licence is not a sale of the Licensed Materials or any copies. All rights not expressly granted in this Licence agreement are retained by Action on Hearing Loss.

Licence
Action on Hearing Loss hereby grants you a non-exclusive non-transferable Licence to access and display the Licensed Materials on screen and to print off screens for the purpose of learning sign language. The Licence will last for two years from the date you first access the Licensed Materials. This is when you first input the Access Code. After two years you will need to buy an extension to the Access Code to continue using the Licensed Materials online. Action on Hearing Loss will email you to inform you when this is due to happen.

Restrictions on use of the licensed material
For the avoidance of doubt:

  • you may not access the Licensed Materials on more than one computer or terminal at the same time;
  • you must obtain a licence for each standalone computer or terminal on which you wish to use the Licensed Materials;
  • you may not network the Licensed Materials. You must obtain a supplementary licence which may contain terms additional to these before using the Licensed Materials on a local area network. Please contact Action on Hearing Loss (see below) to do this;
  • you may not use or knowingly permit any use of the Licensed Materials by anyone other than you;
  • you will keep the Access Code secure and not disclose it to anyone else;
  • you may not use or knowingly permit any use of the Licensed Materials not authorised by the terms of this licence and will make all reasonable efforts during the continuance of this licence to keep the Licensed Materials secure;
  • you may not modify, alter, reverse engineer or change any part of the Licensed Materials in any way.

Warranties
Action on Hearing Loss has made every attempt possible to make the Licensed Materials available to as many people as possible. However, as internet technology is constantly changing we cannot guarantee compatibility. Due to the nature of the video format, the Licensed Materials work better on PCs and Apple Macintoshes running Internet Explorer. If you find that you are not able to access the Licensed Materials, please let us know within 30 days of receiving the Title, we will arrange that a Freepost label is sent to you to return the Title to us and we will also refund in full the price paid for the Title.

The above sets out the only remedy available if you are unable to access the Licensed Materials.

Action on Hearing Loss gives no warranties and makes no representations that (i) the Licensed Materials will be suitable for any particular purpose or for any use under any specific conditions (even if such purpose or conditions may be known to Action on Hearing Loss); or (ii) that the Licensed Materials are or will be complete or accurate or up to date; or (iii) that your access to the Licensed Materials will be uninterrupted or free from technical limitations or errors.

Action on Hearing Loss excludes all other warranties including any implied ones, and shall not be liable in contract or tort for any loss suffered by reason of any defect in the Licensed Materials.

Action on Hearing Loss’s liability

Action on Hearing Loss will not be liable for any damages, losses or costs whatsoever (including without limitation damages for loss of profits, loss of business or loss of anticipated savings, loss of goodwill, loss of reputation, loss or corruption of data and for any other type of special indirect incidental or consequential loss or damage) arising out of the use or inability to use the Licensed Materials.

Termination of the licence

This Licence will automatically terminate if you breach any of its terms. In such event, access to the Licensed Materials will be denied.

General

The terms of this licence are governed by English law and the English courts will have jurisdiction.

This licence is personal to you and unless otherwise permitted in this licence, you may not assign, transfer sub-contract or otherwise part with this agreement or any right or obligation under it without Action on Hearing Loss’s prior written consent.

If you have any questions about this licence you may contact the Action on Hearing Loss web team at 19-23 Featherstone Street, London EC1Y 8SL or email webteam@hearingloss.org.uk.

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