Terms of use

Introduction

Thank you for accessing www.olderpeopleswales.com (the “Web Site”). Please read these terms and conditions (the “Terms”) before using the Web Site which is operated by The Older People’s Commissioner in Wales, the office established pursuant to the appointment of the Commissioner for Older People in Wales, appointed in accordance with the Commissioner for Older People (Wales) Act 2006 and whose address is Cambrian Buildings, Mount Stuart Square, Cardiff, CF10 5FL (“The Older People’s Commissioner”).

Should you wish to contact The Older People’s Commissioner at any time, please contact us by emailing us at ask@olderpeoplewales.com.

You may also call us on 03442 640 670.

By using the Web Site, you signify your acceptance of the Terms in consideration of which the Older People’s Commissioner provide you with access. From time to time the Older People’s Commissioner may modify the Terms. Accordingly, please continue to review the Terms whenever accessing or using the Web Site. If at any time you do not wish to accept the Terms, you may not use the Web Site.

No Reliance

While the Older People’s Commissioner has endeavoured to ensure the material accuracy of the information available on the Web Site, the Older People’s Commissioner does not guarantee or give any warranty as to the accuracy, timeliness or completeness of any information or material on the Web Site.

The contents of this Web Site are for information only, nothing on this site constitutes professional or legal advice and advice should always be taken from a qualified professional or lawyer in relation to any specific problem or concern.

The Older People’s Commissioner therefore disclaims all liability and responsibility arising from any reliance placed on such information or materials by any visitor to the Web Site.

Links to the websites

Web Sites or pages to which the Web Site is linked are for information only and have not been reviewed by the Older People’s Commissioner.

The Older People’s Commissioner has no responsibility for the content of the web sites or pages linked or linking to this Web Site, and the Older People’s Commissioner accepts no responsibility or liability for any losses or liabilities whatsoever that may be incurred as a result of your clicking through to linked web sites.

Intellectual Property

The Web Site, including (but not limited to) text, content, software, video, music, sound, graphics, photographs, illustrations, artwork, names, logos, trade marks and other material (“Content”) is protected by copyrights, database, trade marks and/or other intellectual property rights.

The Content includes both content owned or controlled by the Older People’s Commissioner and content owned or controlled by third parties and licensed to the Older People’s Commissioner.

All individual articles, publications, and other elements making up the Web Site are copyright works.  You agree to abide by all additional copyright notices or restrictions contained in the Web Site and the licence set out below.

You may not use any of the Older People’s Commissioner’s trade marks or trade names without the Older People’s Commissioner’s consent and you acknowledge that you have no ownership rights in and to any of those names and marks.

You agree to notify the Older People’s Commissioner in writing promptly upon becoming aware of any unauthorised access to or use of the Web Site by any party or of any claim that the Web Site or any of the Content infringes any copyright, trade mark, or other contractual, statutory or common law rights of any party.

Licence Rights

Access to the Web Site is provided on a temporary basis and you acknowledge that you acquire no rights or licences in or to the Web Site and/or the Content other than the limited right to use the Web Site in accordance with these Terms.

Other than as set out in this section (or provided by applicable law) you may not copy, decompile, disassemble, reverse engineer, distribute, make available, adapt, upload, or in any other way exploit any part of the Web Site.

Download is permitted by the Older People’s Commissioner provided that:

1. you make only personal, non-commercial use of any download and/or printed copy of the Web Site and do not modify any Content you have printed off; and
2. you retain on such download and/or printed copy all copyright notices and shall remain bound by the terms of such wording and notices.

 

Additionally, you may not offer for sale or sell, make available or distribute over any other medium (including distribution by over-the-air television or radio broadcast or distribution on a computer network) the Content or any part thereof without our express consent.

The Web Site and the information contained therein may not be used to construct a database of any kind, nor may the Web Site be stored (in its entirety or in any part) in databases for access by you or any third party or to distribute any database web sites containing all or part of the Web Site.

Without prejudice to the generality of the foregoing, you may link to any part of our Web Site.

Permissions

If you would like information about obtaining The Older People’s Commissioner’s permission to use any of the Content  please contact us by email at ask@olderpeoplewales.com

No Warranty

The Web Site and the Content are provided “as is” excluding any warranties and conditions of any kind, either express or implied, to the fullest extent permissible pursuant to applicable law including (but not limited to) the exclusion of warranties and conditions as to title, merchantability, satisfactory quality, fitness for a particular purpose and non-infringement of proprietary or third party rights. The Older People’s Commissioner further accepts no responsibility or liability for functionality contained on the Web Site.

While The Older People’s Commissioner cannot guarantee performance of its Web Site, in the event that use of the Web Site is interrupted or suffers from any errors, we will endeavour to resolve such issues in a reasonably timely manner.

You should ensure that your computer equipment is compatible with the Web Site and you have installed up to date virus checking software prior to any internet session as The Older People’s Commissioner is not liable for any damage you may suffer as a result of such destructive features that may infect your computer or data due to your use of the Web Site or your downloading any material posted on it.

The Older People’s Commissioner shall not be held responsible for Content provided by third parties. The Older People’s Commissioner is also not responsible for the reliability or continued availability of the telephone lines and equipment you use to access the Web Site.

You understand that The Older People’s Commissioner uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Web Site and any service made available through it.

Limitation of Liability

You acknowledge that your use of the Web Site, including the Content, is at your own risk.  If you are dissatisfied with the Web Site, the Terms or any of the Content your sole remedy is to discontinue use of the Web Site.

Save in respect of fraud and of personal injury or death to the extent it results from The Older People’s Commissioner’s negligence, in no event will The Older People’s Commissioner be liable to you or any third party for any direct, special, indirect, consequential or incidental damages (including lost profits), or any other damages of any kind whether based in contract, tort (including negligence) or otherwise, even if The Older People’s Commissioner has been advised of the possibility thereof.

Viruses hacking and other offences

You must not misuse the Web Site by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful.

You must not attempt to gain unauthorised access to the Web Site or the server on which it is stored and you must not attack our Web Site by way of a denial of service attack or distributed denial of service attack.

We will not be liable for any loss or damage caused by a distributed denial of service attack arising following your use of the Web Site.

Termination

If you breach any of these Terms your right to use the Web Site terminates automatically.

Changes to the website

At any time, the Web Site may contain material which is out of date.  While The Older People’s Commissioner has no obligation to do so, you accept that The Older People’s Commissioner has the right to change the content or technical specifications of any aspect of the Web Site at any time at The Older People’s Commissioner’s sole discretion.  You further accept that such changes may result in your being unable to access the Web Site.

Waiver

No waiver by The Older People’s Commissioner of any breach of any obligation arising under these Terms shall constitute a waiver of any other breach and no failure to exercise or partial exercise by The Older People’s Commissioner of any remedy shall constitute a waiver of the right subsequently to exercise that or any other remedy.

Miscellaneous

The Older People’s Commissioner shall have no liability for any breach of these Terms caused by circumstances beyond its reasonable control.

A person who is not a party to these Terms shall have no right under the Contract (Rights of Third Parties) Act 1999 to enforce any term of these Terms.

Governing law and jurisdiction

The Terms are governed by the laws of England and Wales as it applies in Wales and the parties submit to the exclusive jurisdiction of the English and Welsh courts.