Terms and conditions

(1) INTRODUCTION

These terms of use govern your use of our website; by using our website, you agree to these terms of use in full. If you disagree with these terms of use or any part of these terms of use, you must not use our website.

Our website uses cookies. By using our website and agreeing to these terms of use, you consent to our use of cookies in accordance with the terms of our cookie policy.

(2) LICENCE TO USE WEBSITE

Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website. Subject to the licence below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms of use.

You must not:

(a)         republish material from this website (including republication on another website);

(b)        sell, rent or sub-license material from the website;

(c)         show any material from the website in public;

(d)       reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose;

(e)        edit or otherwise modify any material on the website; or

(f)        redistribute material from this website except for content specifically and expressly made available for redistribution (such as our newsletter).

(3) ACCEPTABLE USE

You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including, without limitation, scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.

(4) LIMITED WARRANTIES

We do not warrant the completeness or accuracy of the information published on this website; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date.

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).

(5) LIMITATIONS AND EXCLUSIONS OF LIABILITY

Nothing in these terms of use will: (a) limit or exclude our or your liability for death or personal injury resulting from negligence; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; (c) limit any of our or your liabilities in any way that is not permitted under applicable law; or (d) exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and exclusions of liability set out in this Section and elsewhere in these terms of use: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under these terms of use or in relation to the subject matter of these terms of use, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.

We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

We will not be liable to you in respect of any loss or corruption of any data, database or software.

We will not be liable to you in respect of any special, indirect or consequential loss or damage.

(6) INDEMNITY

You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including, without limitation, legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms of use, or arising out of any claim that you have breached any provision of these terms of use.

(7) BREACHES OF THESE TERMS OF USE

Without prejudice to our other rights under these terms of use, if you breach these terms of use in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

(8) VARIATION

We may revise these terms of use from time to time. Revised terms of use will apply to the use of our website from the date of publication of the revised terms of use on our website.

(9) ASSIGNMENT

We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms of use without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms of use.

(10) SEVERABILITY

If a provision of these terms of use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

(11) EXCLUSION OF THIRD PARTY RIGHTS

These terms of use are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms of use is not subject to the consent of any third party.[17]

(12) ENTIRE AGREEMENT

Subject to the first paragraph of Section [5], these terms of use, together with our privacy policy, constitute the entire agreement between you and us in relation to your use of our website and supersede all previous agreements in respect of your use of our website.

(13) LAW AND JURISDICTION

These terms of use will be governed by and construed in accordance with Jersey law, and any disputes relating to these terms of use will be subject to the non-exclusive jurisdiction of the courts of Jersey.

(14) REGISTRATIONS AND AUTHORISATIONS

[We are registered with [trade register]. You can find the online version of the register at [URL]. Our registration number is [number].

We are subject to [authorisation scheme], which is supervised by [supervisory authority.

We are registered with [professional body]. Our professional title is [title] and it has been granted in the United Kingdom. We are subject to the [rules], which can be found at [URL].

We subscribe to the following code[s] of conduct: [code(s) of conduct]. [These codes/this code] can be consulted electronically at [URL(s)].

(15) OUR DETAILS

The full name of our company is The Jersey Heritage Trust

Our address is Jersey Heritage, care of, Jersey Museum, The Weighbridge, St Helier, Jersey, Channel Islands.

You can contact us by email info@jerseyheritage.org

These Terms and Conditions shall apply to your use of the Jersey Heritage public access Wi-Fi, ‘the Service’.

By accessing and/or using the service you agree to the terms and conditions of this agreement. If you do not agree to these terms, you may not access and use the Service.

These terms and conditions should be read in conjunction with the:

• Jersey Heritage Website Use Terms and Conditions (displayed above)
• Jersey Heritage Privacy Policy

Definitions

‘The Service’ – means the managed public Wi-Fi service operated at the premises to provide wireless internet access.

‘You’ and ‘Your’ – means the person or persons using the Service as a guest of Jersey Heritage.

‘Jersey Heritage’ – means The Jersey Heritage Trust, having its principal contact address at Jersey Museum, The Weighbridge, St Helier, Jersey, JE2 3NG and their successors or assigns as notified from time to time, being the provider of the public Wi-Fi service to its premises at which the public Wi-Fi service is available.

‘Internet Services’ – means services accessed via the internet by You when using the Service and includes, but is not limited to, websites, email services and social networking.

1. Extent of the Service

• Jersey Heritage does not recommend in particular the use of any websites (or other

Internet Services) and Your use of Internet Services is carried out entirely at Your own risk.

• Jersey Heritage does not have any responsibility for, or control over, the Internet Services accessed by You and in no way guarantee that any services are error or virus free.
• Jersey Heritage does not have any responsibility for, or control over, the information that You transmit or receive via the Service.
• Save for the purposes of network diagnostics Jersey Heritage does not examine Your use of the Service or the nature of the information that You send or receive.
• Jersey Heritage does not guarantee:
  • the availability of the Service;
  • the speed at which information may be transmitted or received via the Service; or
  • that the Service will be compatible with Your equipment or any software which You may use.
• Whilst Jersey Heritage will take reasonable steps to ensure the security of the Service and to prevent unlawful access to information transmitted or received using the Service, Jersey Heritage does not guarantee the security of information which may be transmitted or received using the Service or located on any equipment utilising the Service and You accept that it is Your responsibility to protect Your information and have adequate security (in terms of equipment and procedures) to ensure the security, integrity and confidentiality of Your information and data.

2. Use of the Service

• You must not use the Service to access, transmit, publish, display or otherwise make available material which:
• is defamatory, threatening, intimidatory or which could be classed as harassment;
• contains obscene, profane or abusive language or material;
• contains pornographic material (i.e. text, pictures, films or video clips of a sexually explicit nature);
• contains offensive or derogatory images regarding sex, race, religion, colour, origin, age, physical or mental disability, medical condition or sexual orientation;
• infringes any third party’s legal rights (including intellectual property rights) under the laws of any jurisdiction for any reason;
• may, in Jersey Heritage’s reasonable opinion, adversely affect the manner in which Jersey Heritage carries operates; or
• is otherwise unlawful or inappropriate.
• You must not use the Service to engage in any activity which constitutes or is capable of constituting a criminal offence, either in the Channel Islands, United Kingdom or in any state throughout the world.
• Jersey Heritage excludes all liability of any kind in relation to Your use of the Service.

Notices

• Jersey Heritage recommends that You do not use the Service to transmit or receive any confidential information or data and should You choose to do so You do so at Your own risk.
• Jersey Heritage will comply with any requirement to provide assistance and information to law enforcement, governmental agencies and other authorities relating to any use of the Service. A log of Your Internet Protocol (“IP”) addresses or Media Access Control (“MAC”) addresses for any devices which access the Service, the times when they have accessed the Service and the activity associated with that IP or MAC address may be kept to assist the above law enforcement.
• Jersey Heritage does not exercise editorial control or review over the content of any website, electronic mail transmission, newsgroup or other material created or accessible over or through the Service. However, Jersey Heritage may remove, block, filter or restrict by any other means any materials that, in their sole discretion, may be illegal or may subject Jersey Heritage to liability or may breach these terms and conditions.

4. Obligations of Jersey Heritage

• Jersey Heritage commits to operate the Service on a best endeavour basis only.
• Jersey Heritage does not guarantee Service ‘up-time’ and will fix or repair the Service as and when required on a reasonable endeavours basis.
• Jersey Heritage is in no way liable for any actions taken by You or when using the wireless internet access service.
• Jersey Heritage adheres to strict data protection policies in accordance with the Data Protection (Jersey) Law 2018. Jersey Heritage will not without Your written consent disclose information provided by You in relation to the Service to anyone other than (i) IT service providers authorised by Jersey Heritage; or (ii) subject to the relevant Data Protection legislation, third party subcontractors or agents, such disclosure being made in either case in order for it to be able to provide You with the Service.