Terms and Conditions

These Terms of Use were last updated on 10th June 2015.

Ellie's Friends Website User Terms and Conditions

  1. Introduction
    1. Please read the following Terms of Use carefully.
    2. In these Terms of Use:
      1. "We", "Our" and "Us" means The Eleanor Rose Foundation, a registered charity in England and Wales (1152033) and a company limited by guarantee registered in England and Wales (8182061). Our registered office is at GROUND FLOOR FLAT, 68 SUDBOURNE ROAD, LONDON SW2 5AH.
      2. "You" and "Your" means a user of the Ellie's Friends website and its subdomains (the "Website").
    3. These Terms of Use set out the terms and conditions on which We agree to make available and You agree to access and use the Website.
  2. Acceptance of the Terms of Use

    1. By using the Website, You agree to be legally bound by these Terms of Use and You agree to the processing of Your personal data in accordance with Our Privacy Policy [ Link to URL of Privacy Policy]
    2. If You do not agree with these Terms of Use or Our Privacy Policy, You should not use the Website.
    3. Please save and/or print a copy of these Terms of Use and Our Privacy Policy [ Link to URL of Privacy Policy ] for Your future reference.
  3. Amendments to the Terms of Use
    1. We may amend these Terms of Use from time to time. If We do, We will publish the changes on the Website. Please review the Website periodically for changes to these Terms of Use. The date at the top of this webpage indicates when these Terms of Use were last updated. The amended Terms of Use will take effect 30 days from the date on which We publish the amendments on Our Website, and from then on will govern the relationship between You and Us in respect of Your use of the Website. If You do not agree with the amended Terms of Use, You must not continue to use the Website after the date on which the amendments take effect.
  4. Obtaining Services and/or Products
    1. The Ellie's Friends Network is made up of suppliers and service providers who have indicated to Us that they would like to offer certain services, products and/or facilities either for free or at a discounted rate ( "Services and/or Products") to people living with cancer ( "Eligible Individuals"). The purpose of the Website is to provide Eligible Users and their friends and family members with information about Services and/or Products available locally. The Website contains:
      1. names and contact details of suppliers and services providers currently participating in the Ellie's Friends Network ( "Suppliers"); and
      2. a general description of the Services and/or Products that can be obtained from each Supplier.
    2. If You are interested in obtaining Services and/or Products from a Supplier, We may ask You to send Us a copy of recent medical letter so that We can be sure that You (or the person for whom You wish to obtain Services and/or Products) is an Eligible Individual. We will use and treat all personal information that You provide to Us in accordance with Our Privacy Policy [ insert URL of Privacy Policy].
    3. If You are interested in obtaining Services and/or Products from a Supplier, You should click on the "redeem" button on the Website for the relevant Service and/or Product. We will then:
      1. inform the Supplier of Your interest; and
      2. pass on to You any information that We receive from the Supplier about the Service and/or Product and its availability, as well as the Supplier's details so that You may contact the Supplier to make arrangements with the Supplier to redeem the offer, if You wish to proceed.
    4. If You make an appointment with a Supplier and Your circumstances change, please endeavour to cancel Your appointment 48 hours prior to the booking, if possible. As well as being a courtesy to the Supplier, this may also enable other users to make use of the service.
    5. You acknowledge that:
      1. any contract for the supply or sale of Services and/or Products to You (" Supply Contract ") shall be between You and the relevant Supplier. The Eleanor Rose Foundation shall not be a party to any Supply Contract;
      2. the Supplier (and not The Eleanor Rose Foundation) is responsible for the Services and/or Products and for delivering or providing Services and/or Products to You, as well as for all arrangements concerning returns.
  5. Suitability of Services and/or Products and Medical Disclaimer
    1. Information on the Website about particular Suppliers and their Services and/or Products (" Product Information") is prepared and provided by the relevant Supplier and not by the Eleanor Rose Foundation.
    2. All Product Information has been prepared for general information purposes only and does not reflect Your or any other person's individual requirements or circumstances.
    3. Nothing on the Website is intended to constitute medical advice and You should not rely on or treat any Product Information as medical advice. We strongly recommend that You consult a medical professional before obtaining or using any Services and/or Products to satisfy Yourself that the Service and/or Product is suitable for Your (or the particular Eligible Individual's) use.
  6. Problems with Services and/or Products
    1. If You experience a problem with a Service and/or Product or a Supplier, then You should raise this with the Supplier. However, if the Supplier has provided a Service and/or Product free of charge, We would respectfully ask that You take this into account when giving feedback or pursuing any complaint.
    2. We welcome user feedback on Services and/or Products. If You experience a problem with a Supplier, or a Service and/or Product then We would like to hear about it so We can decide how to proceed with that Supplier. Please send Your feedback to Us at [ insert email address].
  7. General Disclaimer of Liability
    1. Nothing in these Terms of Use is intended to exclude or limit Our liability for:
      1. death or personal injury resulting from Our negligence;
      2. fraudulent misrepresentation; or
      3. any other liability that cannot be excluded or limited by law.
    2. The Eleanor Rose Foundation gives no warranties, assurances or guarantees in respect of Services and/or Products or Product Information. To the maximum extent permitted under applicable law, We exclude all implied terms, conditions, warranties, representations and endorsements whatsoever with regard to Services and/or Products and Product Information. Accordingly, subject to Clause 7.1, The Eleanor Rose Foundation accepts no liability whatsoever whether in contract, tort (including negligence) or otherwise for:
      1. Services and/or Products,;
      2. any loss or damage that You or any other person might suffer or incur as a result of Your or any other person's use of any Services and/or Products;
      3. Your or any other person's use of or reliance on Product Information.
    3. Subject to Clause 7.1, We do not accept liability for any loss which is not a direct and reasonably foreseeable consequence of the relevant breach of these Terms of Use or other default, or which is consequential, even if We have previously been advised of the possibility of such loss.
    4. Subject to Clauses 7.1 to 7.3, Our total liability to You under these Terms of Use for any losses suffered by You will never exceed £100.
  8. Acceptable Use
    1. You agree that You will not use (or attempt to use) the Website:
      1. for any illegal purpose;
      2. to infringe the intellectual property rights of any person;
      3. to send unsolicited email or instant messages, music or video files, executable program files, or any unreasonably large files;
      4. to create a false identity, or to impersonate any person or organisation;
      5. to upload post, email or transmit viruses, trojan horses, worms, time bombs, cancelbots, corrupted files, or any other software, files or programs that may interrupt, damage, destroy, disable, impair or limit the operation or functionality of the Website or any computer software or hardware or network equipment;
      6. interfere with any other person’s lawful use of the Website; or
      7. to post or transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, racially, ethnically or otherwise objectionable material of any kind.
  9. Intellectual property
    1. Copyright and all other intellectual property rights in the Website and all content on the Website belong to The Eleanor Rose Foundation and its licensors.
    2. You may access and view the Website for Your personal use.
    3. You may not copy, sub-license, republish, distribute, transmit, publicly perform, display or make available, alter, adapt, interfere with or create derivative works from any content on the Website, or, save as expressly provided in these Terms of Use, do anything else with such content. You agree and acknowledge that You will not acquire any ownership rights in the Website or its content. You acknowledge that use of the Website or its content for any purpose not expressly permitted by these Terms of Use may breach Our and others’ Intellectual Property and/or other rights.
  10. No Framing
    1. You agree not to link from any other web site to the Website in any manner such that the Website, or any page of the Website, is "framed," surrounded or obfuscated by any third party content, materials or branding.
  11. Third Party Websites
    1. The Website may include links to third party web sites and third party web sites may link to the Website (" Linked Sites"). You acknowledge and agree that We have no responsibility for the information, content, products, services, advertising, code or other materials provided by or through Linked Sites. Links to or from Linked Sites do not constitute Our endorsement or sponsorship of such sites or the information, content, products, services, advertising, code or other materials presented on or through such sites. To the fullest extent allowed by law, We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods or services available on or through a Linked Site.
  12. Availability of the Website and viruses
    1. While We endeavour to ensure that the Website is normally available 24 hours a day, We shall not be liable if for any reason the Website is unavailable at any time or for any period.
    2. We give no warranties that the Website or its functionality or the content provided or made available on or through the Website will be uninterrupted or error-free, or that the servers and or other equipment and services required to make the Website available will be free of viruses or other harmful components.
  13. Waiver
    1. If You breach these Terms of Use and We take no action against You, We will still be entitled to enforce Our rights against You in relation to that breach and to use Our rights and remedies in any other situation where You breach these Terms of Use.
  14. Third parties
    1. Nothing in these Terms of Use is intended to confer any benefit on a third party, including, without limitation, within the meaning of the Contracts (Rights of Third Parties) Act 1999.
  15. Entire Agreement
    1. These Terms of Use and Our Privacy Policy [ Link to Privacy Policy] set out the entire agreement between You and Us and supersede all previous agreements or representations in relation to their subject matter.
    2. You agree that in entering into these Terms of Use, You have not relied on, and shall have no remedies in respect of any warranty or representation made by Us that is not expressly set out in these Terms of Use.
    3. For the avoidance of doubt, nothing in these Terms of Use is intended to exclude or limit Our liability for fraud or fraudulent misrepresentation.
  16. Governing law and jurisdiction
    1. These Terms of Use are governed by and shall be construed in accordance with the laws of England and Wales.
    2. The courts of England and Wales shall have non-exclusive jurisdiction to settle any dispute which may arise out of or in connection with these Terms of Use.