Terms and conditions

1. Introduction

1.1 Please read these terms and conditions carefully before using the website operated by National Deaf Children's Society, known as NDCS, ("NDCS", "our", "we" or "us") (a company limited by guarantee number: 02752456 and a registered charity number: 1016532). In particular, we draw your attention to clause 10 (Liability).

1.2 By using or accessing our website, you agree to be legally bound by these terms and conditions of use as they may be modified and posted on our website from time to time.

1.3 If you do not wish to be bound by these terms and conditions then you may not use our website.

2. Nature of our website

2.1 Our website provides information about the work of NDCS and also enables you to make donations and select and order products (the "Products"). Our website describes the Products in more detail.

3. Modifications to website

3.1 We reserve the right to make changes or corrections, alter, suspend or discontinue any aspect of our website or the content or services available through it, including your access to it. Unless explicitly stated to the contrary, any new features including new content and/or the sale of new Products shall be subject to these terms and conditions.

3.2 Please note that although we try to ensure that the content of our website it accurate, it may contain typographical errors or other inaccuracies.

4. Information you provide to us

4.1 Our privacy policy (as above) shall apply to any personal information which is collected by us from you.

5. Applicability of online materials

5.1 Our website is controlled and operated by us. Where content published on the website is supplied by third parties, you understand that we do not control or endorse such content in any way. All content which is offered by third parties that are not affiliated with or otherwise connected with us, is published in good faith but we do not (to the extent permitted by applicable law) accept responsibility for the accuracy or otherwise of such content (whether published on or offline) and the use of such content, except for content which relates directly to Products you purchase.

5.2 We have used our best endeavours to ensure that our website complies with UK laws. We make no representations that the materials on our website are appropriate or available for use in locations outside the UK. Those who visit our website from other locations do so on their own initiative and are responsible for compliance with all applicable laws. If use of our website and/or viewing of it, or use of any material or content on our website or services, or products offered through our website are contrary to or infringe any applicable law in your jurisdiction(s), you are not authorised to view or use our website and you must exit immediately.

6. Copyright and monitoring

6.1 The contents of our website are protected by international copyright laws and other intellectual property rights. The owner of these rights is NDCS, its affiliates or other third party licensors. All product and company names and logos mentioned in our website are the trade marks, service marks or trading names of their respective owners, including us.

6.2 Extracts of information on the website may be reviewed, reproduced or translated for personal or educational purposes, research or private study, but not for sale or for use in conjunction with commercial purposes.

• Any use of information on the website should be accompanied by an acknowledgement of The National Deaf Children's Society as the source.
• Reproduction or translation of substantial portions of the website, or any use other than for educational or other non-commercial purposes, require explicit, prior authorisation in writing.
• Information may be copied for educational or other non-commercial purposes only on the condition that the copyright and source indications are also copied and no modifications are made.

7. Linked sites

NDCS make no representations whatsoever about any other websites which you may access through our website or which may link to our website. When you access any other website you understand that it is independent from NDCS and that we have no control over the content or availability of that website. In addition, a link to any other website does not mean that NDCS endorses or accepts any responsibility for the content, or the use of, such a website and NDCS shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other website or resource. Any concerns regarding any external link should be directed to its website administrator or web master.

8. Availability of our website

We will try to make our website available but cannot guarantee that our website will operate continuously or without interruptions or be error free and we can accept no liability for its unavailability. You must not attempt to interfere with the proper working of our website and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, website, router or any other Internet connected device.

9. Liability

9.1 We promise that for any Product you purchase from our website:

9.1.1 we have the right to sell the Product to you;

9.1.2 the Product will correspond with the description we have given to you;

9.1.3 the Product will be of satisfactory quality; and

9.1.4 will be fit for any other purpose for which you have bought it and you notified NDCS of this purpose before purchase, and NDCS has not informed you that the product is not fit for that purpose;

9.2 We exclude all other express or implied terms, conditions, warranties, representations or endorsements whatsoever with regard to any products (including without limitation the Products), our website or any information or service provided through our website.

9.3 We will do our best to ensure that all materials and information published on our website are accurate, but please note that all content, materials and information on our website are provided on an "as is" basis and you assume total responsibility and risk for your use of our website and use of all information contained within it.

9.4 We accept no liability for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business (whether direct or indirect) in each case, however caused, even if foreseeable. In circumstances where you suffer loss or damage arising out of or in connection with the viewing, use or performance of our website or its contents other than as a direct result of purchasing Products (which shall be subject to the exclusions and limitation of liability set out in these terms and conditions), we accept no liability for this loss or damage (except where we have been negligent) whether due to inaccuracy, error, omission or any other cause and whether on the part of NDCS or our servants, agents or any other person or entity.

9.5 If we are liable to you for any reason, our liability will be limited to the amount paid by you for the Product concerned. This limit does not apply to any liability we may have for death or personal injury resulting from our negligence or for our fraudulent misrepresentation.

9.6 You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use our website and is compatible with our website. You also understand that we cannot and do not guarantee or warrant that any material available for downloading from our website will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.

9.7 The limitations and exclusions in this clause do not affect your non-excludable statutory rights and only apply to the extent permitted by applicable law.

9.8 The mention of specific organisations or of certain manufacturers' products does not imply that they are endorsed or recommended by The National Deaf Children's Society in preference to others of a similar nature that are not mentioned. Errors, omissions and proper names expected, the names of proprietary products are distinguished by initial capital letters.

9.9 Any communications or material that you transmit to, or post on, any public area of the site, including any data, questions, comments, suggestions, or the like, is, and will be treated as such, non-confidential and non-proprietary information.

9.10 NDCS takes no responsibility for opinions expressed in public areas of the site, such as Parent Place. The mention of a specific opinion in such areas of the site does not imply endorsement or recommendation by NDCS.

10. General

10.1 We may assign, transfer, novate or subcontract any or all of our rights and obligations under these terms and conditions at any time.

10.2 We may alter these terms and conditions from time to time and post the new version on our website, following which all use of our website will be governed by that version. You must check the terms and conditions on the website regularly.

10.3 These terms and conditions together with the privacy policy, any order form and payment method instructions, if any, are the whole agreement between you and NDCS. You acknowledge that you have not entered into this agreement in reliance upon any statement, warranty or representation made by NDCS or any other person and you irrevocably and unconditionally waive any rights to claim damages and/or to rescind these terms and conditions by reason of any misrepresentation (other than a fraudulent misrepresentation) that is not contained in the terms and conditions, privacy policy, order form and payment method instructions.

10.4 If any provision or term of these terms and conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other terms and conditions and shall be deemed to be deleted from them.

10.5 These terms and conditions and your use of our website are governed by English law and you submit to the non-exclusive jurisdiction of the English court.

10.6 Except in respect of a payment obligation, neither you nor NDCS will be held liable for any failure to perform any obligation to the other due to causes beyond your or [NDCS's] respective reasonable control.

10.7 Failure or delay by either party enforcing an obligation or exercising a right under these terms and conditions does not constitute a waiver of that obligation or right.

10.8 These terms and conditions do not confer any rights on any person or party (other than you and/or us) pursuant to the Contracts (Rights of Third Parties) Act 1999.

11. Notices

11.1 All notices shall be given:

11.1.1 to us by post at 15 Dufferin Street, London, EC1Y 8UR;

11.1.2 to you at either the e-mail or postal address you provide during any ordering process. Notice will be deemed received three days after the date of posting.

12. Replacement

These terms and conditions replace all other terms and conditions previously applicable to the use of our website and/or sale of the Products.

National Deaf Children's Society
A company limited by guarantee registered in England under number 02752456

Registered office: 15 Dufferin Street, London, EC1Y 8UR
A registered charity number: 1016532