Marie Curie’s Online Community Terms and Conditions

Definitions

“Community” means any community features or forums made available by Marie Curie.

“Content” means any text, information, data, graphics, messages, sounds, videos, content, code, scripts, software or other materials.

“User Content” means any Content that a user submits to Marie Curie for the Community, including templates, stickers, descriptions, testimonials, feedback, comments, suggestions, requests, questions or other inquiries regarding the Company Service. The term “submit” includes submitting, posting, uploading or otherwise making available User Content on or through the Community.

Our Site

Our site is made available free of charge.

We do not guarantee that our site, or any Content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

Our site is directed to people residing in the United Kingdom. We do not represent that Content available on or through our site is appropriate for use or available in other locations.

Please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

We do not guarantee that our site will be secure or free from bugs or viruses.

Purpose of the Online Community

The purpose of Marie Curie’s Online Community is to provide a safe and supportive place where people affected by terminal illness, including those who are bereaved can share their experiences and get support.

The Online Community is not an official communication medium of Marie Curie.

The Online Community is not a suitable place to obtain medical advice and should not be used as a substitute for personalised or specific advice from a qualified medical practitioner or other relevant professional. We strongly recommend that you or the person living with a terminal illness consult their own doctor, nurse or other relevant professional about their personal circumstances.

How we moderate

The Online Community is moderated under the supervision of our Online Community Manager and the Online Community Moderation Team to help keep the Online Community a safe and friendly place to share experiences. The Online Community is usually moderated:

• Monday to Friday 8am-6pm
• Saturdays 11am-5pm

We will always try to support as quickly as we can.

We do not pre-screen User Content. We only moderate some User Content after it is posted on the Online Community. Due to limited resources, our moderation is not comprehensive; users are expected to ensure that they comply with these Online Community Terms and Conditions (including our Online Community Guidelines).

We have the right, but no obligation, at our sole discretion, at any time and without prior notice, to edit, move, block, suspend or remove any User Content (including links to external websites) you post that breaches these Online Community Terms and Conditions (including our Online Community Guidelines), or that we believe is unsuitable for the Online Community or factually incorrect or for any other reason, without any liability to you. This right does not mean that we assume any responsibility for User Content on the Online Community or that we endorse any User Content that is not edited or removed.

We have the right, but no obligation, at our sole discretion, at any time and without prior notice, to warn or ban (temporarily or permanently) you, modify or delete any or all information about you, including close your account, for any reason, without any liability to you and to remove any User Content.

We are not obliged to enter into any discussion regarding the moderation of User Content or the closure of an account but we will always endeavour to contact the user concerned to explain why.

You are not permitted to discuss moderation actions on the Online Community and no moderation discussion will be entered with any user who was not the recipient of that action.

Reporting inappropriate posts

If you discover any User Content that you believe breaches these Online Community Terms and Conditions (including any of our Online Community Guidelines) or is otherwise unacceptable please contact us immediately by clicking on the “report this post” button or by emailing us at moderators@mariecurie.org.uk.

If you wish to discuss any moderation decision, have any comments or complaints about the Online Community or any of its users please contact us by clicking on the “report this post” button or by emailing us at moderators@mariecurie.org.uk.

In case of any dispute, the decision of the Online Community Manager is final.

Acceptance of terms

Only registered users can use the Online Community.

In registering to use the Online Community you agree to be bound by these Community Terms and Conditions and the Terms and Conditions of our website.

Age limit

The Online Community is solely for users aged 18 and over. If you are under 18 you can find support on Hope Support Services, Carers Trust and Hope Again. We reserve the right to close your account without warning if we believe that you are under the age of 18.

Security

The Online Community can be viewed by the general public. We strongly recommend that you do not post personal or sensitive personal information on the Community.

You are responsible for keeping the username and password you use to access the Online Community secret and secure and for any activity under your username and password. We strongly recommend that you use “strong” passwords (that use a combination of upper and lower case letters, numbers and symbols) and that you log off from your account at the end of each session. We will not be liable for any loss or damage arising from any unauthorised use of your username and password. If you believe that someone else may be using your username and password you must contact us immediately to change it.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

Content responsibility and rights

Any User Content on the Online Community (whether publicly posted or transmitted using the private messaging system) is the sole responsibility of the user who originated such User Content. Therefore, we are not responsible for any User Content on the Online Community and do not warrant the accuracy, completeness, integrity, timeliness, usefulness, reliability or quality of any User Content on the Online Community. This information and these materials have not been verified or approved by us. Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

Participation in, and use of, the Online Community and reliance on any User Content on the Online Community is at your own risk.

All views, opinions and other User Content on the Online Community are the views, opinions and other Content of users of the Online Community and not the views, opinions and other Content of Marie Curie. We do not take any responsibility for or endorse any such views, opinions and other Content. The views expressed by other users on our site may not necessarily represent our views or values. You retain all your rights to any User Content you post on the Online Community. By posting User Content on the Online Community, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, sub-licensable, transferable, worldwide, licence to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such User Content in any and all media or distribution methods (whether existing now or developed in the future) including our own website, social media channels and publications. You agree that such licence also includes the right for us to make such User Content available to third parties. You also grant us the right to grant licences to users of the Online Community to view and copy such User Content for personal use.

By posting User Content on the Online Community, you confirm that you have rights to upload, download or otherwise distribute such User Content and have obtained the express consent of any person to whom such Content relates to use and distribute such User Content.

We reserve the right to access, read, preserve and disclose your account information and any User Content on the Online Community to (a) comply with any applicable law, regulation or legal process, (b) enforce these Online Community Terms and Conditions, (c) respond to users’ queries, (d) detect, prevent or otherwise address fraud, security or technical issues and (e) protect the rights, property, safety of Marie Curie, other users and the public.

Restrictions on use and Content standards

You may use the Online Community to post Content and links to User Content that are proper and appropriate, relevant to the discussion and kind to, and respectful of, other users.

You agree to follow our Online Community Guidelines and not to use the Online Community to post any User Content (including in your choice of username) on the Online Community (including its private messaging system (which is not moderated by us but must still comply with these Online Community Terms and Conditions)) or any links to User Content that breach our Online Community Guidelines.

Termination

You may choose to close your account at any time by emailing moderators@mariecurie.org.uk. We will endeavour to action your request as soon as practicable.

We reserve the right to modify or withdraw the provision of the Online Community, at our sole discretion, at any time and without prior notice, for any reason, without any liability to you.

Privacy and data protection

We do not share any personal information about you, except where you have given us permission to do so.

Cookies are used to assist the functionality of our website only. Personal data is not collected via cookies.

From time to time we may contact you for administration purposes. Please read our privacy policy: https://www.mariecurie.org.uk/privacy

Indemnity and liability

You agree to indemnify and hold us (including our officers, employees and agents) harmless in full from and against all third party claims, liabilities, losses, costs and expenses we incur or suffer as a result of any User Content you post on the Online Community and/or any breach of these Online Community Terms and Conditions.

To the fullest extent permitted by law, we (including, without limitation, any person involved in any part of the design, development, operation, marketing, promotion, administration, moderation or other aspect of the Online Community) expressly exclude any liability for any direct, indirect or consequential loss or damage (including, without limitation loss of income or revenue, loss of business, loss of profit or contract, loss of data, loss of goodwill or damage to reputation, loss of anticipated savings or wasted management or office time), however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, incurred by you in connection with any use or performance of the Online Community or related material, including:

• your use or inability to use the Online Community;
• any unauthorised use of your account or alterations of information or User Content;
• your use of any third party websites (including those linked from the Online Community);
• any arrangements entered into with any third party in connection with any User Content on the Online Community; or
• the inaccuracy, incompleteness or tardiness of any User Content on the Online Community, other than any liability for death or personal injury caused by our negligence or any other liability which cannot be excluded or limited by law.

Your rights to claim against us if we restrict access to your content

If we restrict access to any content you upload to our service in a way that breaches these terms of service, you have a right to bring a claim against us for breach of contract.

Your rights to claim against us if we suspend or ban your use of our service

If we suspend or ban you from using our service in a way that breaches these terms of service, you have a right to bring a claim against us for breach of contract.

Variation and severability

These Online Community Terms and Conditions are subject to change at any time. We will aim to make you aware of any significant changes. You should check these Online Community Terms and Conditions periodically to ensure that you are aware of and complying with the current version. Use of the Online Community following changes indicates your acceptance of the new Online Community Terms and Conditions.

If any of these Online Community Terms and Conditions is determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term or condition will to that extent be severed from the remaining terms and conditions which will continue to be valid to the fullest extent permitted by law.

Governing Law and Jurisdiction

These Online Community Terms and Conditions are governed by and interpreted in accordance with the laws of England and Wales and you agree to submit to the exclusive jurisdiction of the English courts for the determination of disputes.