Thankyou for visiting a Brake website. Please read these terms and conditions before continuing to use our sites.
Our terms and conditions are split into the following four sections:
Website Terms and Conditions of Supply of Goods and/or Services
Terms of Website Use
Website Acceptable Use Policy
If you are a member, or are considering joining one of our professional membership schemes, please also read our Membership Terms and Conditions.
Brake (Registered charity No. 1093244, Company limited by guarantee No. 3260243) ("We") are committed to protecting and respecting your privacy.
For the purpose of the Data Protection Act 1998 (the Act), the data controller is Brake whose registered office is at c/o Ellis Atkins, 1 Paper Mews, High Street, Dorking, Surrey, United Kingdom RH4 2TU.
INFORMATION WE MAY COLLECT FROM YOU
We may collect and process the following data about you:
• Information that you provide by filling in forms on our sites www.brake.org.uk; www.brake.org.nz; www.brake.org; www.roadsafetyweek.org.uk; www.roadsafetyweek.org; www.brakepro.org; www.fleetsafetyawards.com; www.suddendeath.org.uk; (our sites). This includes information provided at the time of registering to use our sites, joining our service, posting material or requesting further services. We may also ask you for information when you register for an event or enter a competition, when you make the Pledge online, and when you report a problem with our sites.
• If you contact us, we may keep a record of that correspondence.
• We may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them.
• Details of transactions you carry out through our sites and of the fulfilment of your orders.
• Details of your visits to our sites including, but not limited to, traffic data, location data, weblogs and other communication data, whether this is required for our own billing purposes or otherwise and the resources that you access.
• Details of your competition entries and survey responses.
We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers. This is statistical data about our users' browsing actions and patterns, and does not identify any individual.
WHERE WE STORE YOUR PERSONAL DATA
All information you provide to us is stored on our secure servers. When you purchase goods and information through out sites you will be asked for certain information including details of a credit or debit card; an email address; your billing address and a telephone number. These details are collected by PayPal (Europe) S.à r.l. et Cie, S.C.A.] (“PayPal”). PayPal will collect such details over a secure link. Such details are not collected by Brake and are not made available to Brake. PayPal will use the personal information you provide to process your online payment. Any payment made online via Paypal will use standard industry software which encrypts your information provided to them. Brake accepts no responsibility in this regard and for further details about the security of this information, please refer to Paypal. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our sites, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our sites; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
USES MADE OF THE INFORMATION
We use information held about you in the following ways:
• To ensure that content from our sites is presented in the most effective manner for you and for your computer.
• To provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes.
• To carry out our obligations arising from any contracts entered into between you and us.
• To allow you to participate in interactive features of our service, when you choose to do so.
• To notify you about changes to our service.
We may also use your data, or permit selected third parties to use your data, to provide you with information about goods and services which may be of interest to you and we or they may contact you about these by email post or telephone. If you are an existing customer, we will only contact you by electronic means (email or SMS) with information about goods and services similar to those which were the subject of a previous sale to you. If you are a new customer, and where we permit selected third parties to use your data, we (or they) will contact you by electronic means only if you have consented to this. If you do not want us to use your data in this way, or to pass your details on to third parties for marketing purposes, please tick the relevant box situated on the form on which we collect your data (the registration form).
DISCLOSURE OF YOUR INFORMATION
We may disclose your personal information to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006.
We may disclose your personal information to third parties:
• In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.
• If Brake or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.
You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us at Brake, PO Box 548, Huddersfield HD1 2XZ or firstname.lastname@example.org. Our sites may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
ACCESS TO INFORMATION
The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (Products) listed on our websites www.brake.org; www.brake.org.nz; www.roadsafetyweek.org.uk; www.roadsafetyweek.org; www.brakepro.org; www.fleetsafetyawards.com; www.suddendeath.org.uk; (our sites) to you. Please read these terms and conditions carefully and make sure that you understand them, before ordering any Products from our sites. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
Please tick the box marked "I Accept" when prompted if you accept them. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our sites.
1. INFORMATION ABOUT US
1.1 We operate the websites www.brake.org.uk; www.brake.org; www.brake.org.nz; www.roadsafetyweek.org.uk; www.roadsafetyweek.org; www.brakepro.org; www.fleetsafetyawards.com; www.suddendeath.org.uk. We are Brake, a company limited by guarantee registered in England and Wales under company number 3260243 and are a registered charity under charity number 1093244. We have our registered office at c/o Ellis Atkins, 1 Paper Mews, High Street, Dorking, Surrey, United Kingdom, RH4 2TU. Our main postal address is PO Box 548, Huddersfield HD1 2XZ, United Kingdom and our trading address is PO Box 548, Huddersfield HD1 2XZ, United Kingdom. Our VAT number is 644 7423 31.
1.2 We are regulated by The Charity Commission.
2. YOUR STATUS
By placing an order through our sites, you warrant that:
(a) you are legally capable of entering into binding contracts;
3. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
3.1 After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (Dispatch Confirmation). The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation.
3.2 The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
4. CONSUMER RIGHTS
4.1 If you are contracting as a consumer, you may cancel a Contract at any time within 14 days, beginning on the day after you (or the person you nominate) received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 8 below).
4.2 To cancel a Contract, you must inform us in writing. You must also return the Products to us as soon as reasonably practicable, and at your own cost. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
4.3 You will not have any right to cancel a Contract for the supply of any of the following Products:
Any printed resources or products that are personalised for/to you; or
Any printed resources or products featuring your own logo
4.4 Details of your statutory right of cancellation, and an explanation of how to exercise it, are provided in the Dispatch Confirmation. This provision does not affect your other statutory rights as a consumer.
5. AVAILABILITY AND DELIVERY
Your order will be fulfilled within five working days of recieving your order, unless there are exceptional circumstances.
6. RISK AND TITLE
6.1 The Products will be your responsibility from the time of delivery.
6.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
7. PRICE AND PAYMENT
7.1 The price of the Products and our delivery charges will be as quoted on our sites from time to time, except in cases of obvious error.
7.2 Product prices include VAT. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
7.3 Product prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
7.4 Our shop contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our sites may be incorrectly priced. Where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our sites, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you that we are rejecting it.
7.5 If the pricing error is obvious and unmistakeable and could have reasonably recognised by you as an error, we do not have to provide the Products to you at the incorrect (lower) price.
7.6 Payment for all Products must usually be by credit or debit card or PayPal. Payment will be debited when we receive your order. Brake may raise an invoice for large orders on request. The Product will not be dispatched until the invoice has been paid.
8. OUR REFUNDS POLICY
8.1 If you return a Product to us:
(a) because you have cancelled the Contract between us within the 14-day cooling-off period (see clause 4.1 above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day on which you gave us notice of cancellation. In this case, we will refund the price of the Product in full, and any applicable delivery charges. However, you will be responsible for the cost of returning the item to us.
(b) for any other reason (for instance, because you have notified us in accordance with clause 18 that you do not agree to a change in these terms and conditions or in any of our policies, or because you consider that the Product is defective), we will examine the returned Product and will notify you of your refund via email within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via email that you were entitled to a refund. We will refund the price of a defective Product in full, any applicable delivery charges and any reasonable costs you incur in returning the item to us.
8.2 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
We warrant to you that any Product purchased from us through our sites will, on delivery, conform in all material respects with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied.
10. OUR LIABILITY
10.1 Subject to clause 10.2, we will not be liable for losses that result from our failure to comply with these terms and conditions that fall into the following categories:
(a) loss of income or revenue;
(b) loss of business;
(c) loss of profits;
(d) loss of anticipated savings;
(e) loss of data; or
(f) waste of management or office time or business interruption.
However, this clause 10.1 will not prevent claims for loss of or damage to your physical property that are foreseeable or any other claims for direct loss that are not excluded by categories (a) to (f) inclusive of this clause 10.1.
10.2 Nothing in this agreement excludes or limits our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
(d) defective products under the Consumer Protection Act 1987; or
(e) any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
11. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our sites, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our websites. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to Brake at PO Box 548, Huddersfield HD1 2XZ. We may give notice to you at either the email or postal address you provide to us when placing an order, or in any of the ways specified in clause 11 above. Notice will be deemed received and properly served immediately when posted on our websites, 24 hours after an email is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
13. TRANSFER OF RIGHTS AND OBLIGATIONS
13.1 The contract between you and us is binding on you and us and on our respective successors and assignees.
13.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
13.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
14. EVENTS OUTSIDE OUR CONTROL
14.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
14.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) [strikes, lock-outs or other industrial action;]
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(e) impossibility of the use of public or private telecommunications networks;
(f) the acts, decrees, legislation, regulations or restrictions of any government; and
(g) pandemic or epidemic.
14.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
15.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
15.2 A waiver by us of any default will not constitute a waiver of any subsequent default.
15.3 No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 12 above.
If any court or competent authority decides that any of the provisions of these terms and Conditions or any provisions of a Contract are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
17. ENTIRE AGREEMENT
We intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any Contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.
18. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
18.1 We have the right to revise and amend these terms and conditions from time to time [to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities].
18.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
19. LAW AND JURISDICTION
Contracts for the purchase of Products through our sites and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.
20. THIRD PARTY RIGHTS
A person who is not party to these terms and conditions or a Contract shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
Terms of Website Use
INFORMATION ABOUT US
www.brake.org.uk; www.brake.org; www.brake.org.nz; www.roadsafetyweek.org.uk; www.roadsafetyweek.org; www.brakepro.org; www.suddendeath.org.uk are sites operated by Brake ("We"). We are registered in England and Wales under company number 3260243 and are a registered charity under charity number 1093244 and we have our registered office at c/o Ellis Atkins, 1 Paper Mews, High Street, Dorking, Surrey, United Kingdom RH4 2TU. Our main postal address is PO Box 548, Huddersfield HD1 2XZ, United Kingdom and our trading address is PO Box 548, Huddersfield HD1 2XZ, United Kingdom. Our VAT number is 644 7423 31.
We are regulated by The Charity Commission.
We are a company limited by guarantee.
ACCESSING OUR SITES
Access to our sites are permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our sites without notice (see below). We will not be liable if for any reason our sites are unavailable at any time or for any period.
From time to time, we may restrict access to some parts of our sites, or our entire sites, to users who have registered with us.
When using our sites, you must comply with the provisions of our acceptable use policy.
You are responsible for making all arrangements necessary for you to have access to our sites. You are also responsible for ensuring that all persons who access our sites through your internet connection are aware of these terms, and that they comply with them.
INTELLECTUAL PROPERTY RIGHTS
We are the owner or the licensee of all intellectual property rights in our sites, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our sites for your personal reference and you may draw the attention of others within your organisation to material posted on our sites.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of material on our sites must always be acknowledged.
You must not use any part of the materials on our sites for commercial purposes without obtaining a licence to do so from us or our licensors.
RELIANCE ON INFORMATION POSTED
Commentary and other materials posted on our sites are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our sites, or by anyone who may be informed of any of its contents.
OUR SITE CHANGES REGULARLY
We aim to update our sites regularly, and may change the content at any time. If the need arises, we may suspend access to our sites, or close it indefinitely. Any of the material on our sites may be out of date at any given time, and we are under no obligation to update such material.
The material displayed on our sites is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
• All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
• Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our sites or in connection with the use, inability to use, or results of the use of our sites, any websites linked to it and any materials posted on it, including, without limitation any liability for:
• loss of income or revenue;
• loss of business;
• loss of profits or contracts;
• loss of anticipated savings;
• loss of data;
• loss of goodwill;
• wasted management or office time; and
for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITES
TRANSACTIONS CONCLUDED THROUGH OUR SITES
Contracts for the supply of goods and information formed through our sites or as a result of visits made by you are governed by our terms and conditions of supply.
UPLOADING MATERIAL TO OUR SITES
Whenever you make use of a feature that allows you to upload material to our sites, or to make contact with other users of our sites, you must comply with the content standards set out in our acceptable use policy. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.
Any material you upload to our sites will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our sites constitutes a violation of their intellectual property rights, or of their right to privacy.
We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our sites.
We have the right to remove any material or posting you make on our sites if, in our opinion, such material does not comply with the content standards set out in our acceptable use policy.
VIRUSES, HACKING AND OTHER OFFENCES
You must not misuse our sites 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 our sites, the server on which our sites are stored or any server, computer or database connected to our sites. You must not attack our sites 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 sites will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our sites or to your downloading of any material posted on it, or on any website linked to it.
LINKING TO OUR SITES
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but 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.
You must not establish a link from any website that is not owned by you.
Our sites must not be framed on any other site, nor may you create a link to any part of our sites other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our acceptable use policy.
If you wish to make any use of material on our sites other than that set out above, please address your request to email@example.com.
LINKS FROM OUR SITES
Where our sites contain links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
JURISDICTION AND APPLICABLE LAW
The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.
If you have any concerns about material which appears on our sites, please contact firstname.lastname@example.org.
Thank you for visiting our sites.
This acceptable use policy sets out the terms between you and us under which you may access our websites: www.brake.org.uk; www.brakecharity.org; www.roadsafetyweek.org.uk; www.roadsafetyweek.org; www.brakepro.org; www.suddendeath.org.uk (our sites). This acceptable use policy applies to all users of, and visitors to, our sites.
Your use of our sites means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement our terms of website use.
www.brake.org.uk; www.brakecharity.org; www.roadsafetyweek.org.uk; www.roadsafetyweek.org; www.brakepro.org; www.suddendeath.org.uk are sites operated by Brake (we or us). We are a company limited by guarantee registered in England and Wales under company number 3260243 and are a registered charity under charity number 1093244 and we have our registered office at c/o Ellis Atkins, 1 Paper Mews, High Street, Dorking, Surrey, United Kingdom RH4 2TU. Our main postal address is PO Box 548, Huddersfield HD1 2XZ, United Kingdom and our trading address is PO Box 548, Huddersfield HD1 2XZ, United Kingdom. Our VAT number is 644 7423 31.
We are regulated by The Charity Commission.
You may use our sites only for lawful purposes. You may not use our sites:
• In any way that breaches any applicable local, national or international law or regulation.
• In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
• For the purpose of harming or attempting to harm minors in any way.
• To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards.
• To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
• To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
• Not to reproduce, duplicate, copy or re-sell any part of our sites in contravention of the provisions of our terms of website use.
• Not to access without authority, interfere with, damage or disrupt:
• any part of our sites;
• any equipment or network on which our sites are stored;
• any software used in the provision of our sites; or
• any equipment or network or software owned or used by any third party.
We may from time to time provide interactive services on our sites, including, without limitation:
• Chat rooms or forums.
• Bulletin boards.
• Interactive games and activities
Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our sites, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our sites, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.
Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
These content standards apply to any and all material which you contribute to our sites (contributions), and to any interactive services associated with them.
You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
• Be accurate (where they state facts).
• Be genuinely held (where they state opinions).
• Comply with applicable law in the UK and in any country from which they are posted.
Contributions must not:
• Contain any material which is defamatory of any person.
• Contain any material which is obscene, offensive, hateful or inflammatory.
• Promote sexually explicit material.
• Promote violence.
• Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
• Infringe any copyright, database right or trade mark of any other person.
• Be likely to deceive any person.
• Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
• Promote any illegal activity.
• Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety.
• Be likely to harass, upset, embarrass, alarm or annoy any other person.
• Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
• Give the impression that they emanate from us, if this is not the case.
• Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
SUSPENSION AND TERMINATION
We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our sites. When a breach of this policy has occurred, we may take such action as we deem appropriate.
• Immediate, temporary or permanent withdrawal of your right to use our sites.
• Immediate, temporary or permanent removal of any posting or material uploaded by you to our sites.
• Issue of a warning to you.
• Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
• Further legal action against you.
• Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
CHANGES TO THE ACCEPTABLE USE POLICY
We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our sites.
These terms and conditions apply if you choose to take up a Brake membership. Please read them carefully as they affect your rights and liabilities under this contract and set out the terms under which Brake makes membership available to you.
A joining payment entitles you as an individual to an annual membership to either: Brake Professional or Sudden.
Members to Brake Professional will receive:
- Regular Target Zero e-news bulletins;
- Access to our password protected website for members - www.brakepro.org - full of road safety research, inititatives and campaigns from across the globe, case studies from companies, as well as online guidance reports and research;
- Free and discounted delegate places at Brake events (only the named member can access this discount);
- E-learning tools and resources for road users, including research reports, posters and downloadable advice sheets.
Members to Sudden will receive:
- Quarterly Sudden e-news bulletins;
- Discounted rates at Brake and Sudden events (only the named member can access this discount).
Your membership is personal to you and the above benefits apply to you personally, not to the company / organisation to which you belong. Should you change role or leave your company you may transfer any remaining paid membership to a colleague. Brake will not refund any part of your membership fee if you choose to leave before your 12-month membership expires.
We reserve the right to refuse to accept any application for a membership for any reason. We will not provide your details to third parties.
We reserve the right to withdraw or change any membership package and/or price at any time. This will not affect any membership that you have already paid for, unless for some reason we are withdrawing a membership offer due to our inability to fulfil that offer, in which case the provisions of section 5 below will apply. If we change the price of your membership after you have paid for it, the provisions of section 4 below will apply.
You agree to pay the joining fee (including VAT) at the rates in effect when the charges are incurred. You can get details of these rates by telephoning +44 (0)1484 559909 or by visiting http://www.brakepro.org/join-brake/fleet-managers/2-uncategorised/81-subscribe (for Brake Professional) or www.suddendeath.org.uk and clicking on Help for Professionals (for Sudden). You must provide us with complete and accurate payment information. You can pay for your membership by credit or debit card or, if you request an invoice, by sending us a cheque or paying by BACS.
Please send cheques to the postal address in section 7 below. Please mark the back of any cheques you send with your invoice number.
Your order is an offer to buy from us. Nothing that we do or say will amount to any acceptance of that offer until we send you your invoice or confirmation of your payment, or we send you your welcome, whichever is earlier.
If you pay for a membership by annual recurring payment through PayPal, there is no need to renew your membership as it will continue until you cancel it. If you pay by invoice/cheque we will automatically send you a renewal invoice at the relevant time. If at this time you wish to cancel your invoice and membership then you must do so by writing to Brake (see section 7).
Please note if a third part organisation has purchased a membership on your behalf, your free or discounted membership is valid for one year. After this your membership will revert to the full price rate.
5 REFUNDS AND CANCELLATION
Once we have accepted your membership and payment, we regret that we cannot refund payment unless: (i) we are unable to fulfil your membership; (ii) there are exceptional circumstances, which we will assess on a case by case basis. If we then decide that exceptional circumstances apply we may, at our sole discretion, give you a proportionate refund.
We may cancel your membership immediately at our sole discretion if you breach any of your obligations under these terms and conditions, including if we do not receive a payment when due from you.
If you pay for your membership by recurring payment through PayPal then you can cancel this at any time after your initial payment has been made by logging on to your PayPal account and following the online instructions. Please notify us in writing (see details in section 7 below) of the cancellation at the same time. Your membership will then end in the month your next payment would have been due.
If you have a query about obtaining a refund, please contact our admin team (see details in section 7 below).
6 OUR RESPONSIBILITY TO YOU
We shall not be responsible for any failure by us to perform our obligations to you in relation to your membership where this failure is caused by circumstances beyond our control.
Our liability to you in connection with your membership will not exceed the total membership fees charged for your current membership.
7 ADMIN TEAM
If you have a query or complaint about our membership service, please contact us using any of the contact details below:
UK and international members (except Australia and New Zealand):
- Telephone: +44 (0)1484 559909
- Email: email@example.com
- Post: Brake, PO Box 548, Huddersfield HD1 2XZ, United Kingdom
Australian and New Zealand members:
- Telephone: +64 (0)21 407 953
- Email: firstname.lastname@example.org
- Post: Brake, PO Box 133026, Auckland, 1146, New Zealand
We intend to rely on the written terms set out in these terms and conditions for the membership service that we provide to you. We acknowledge that you may receive verbal information from our administration team but this will not be incorporated into these terms and conditions unless agreed in writing.
We may updated these terms and conditions from time to time for legal or regulatory reasons or to allow the proper operation of our membership service. The changes will apply to your membership from your next payment date. If you do not wish to accept the new terms and conditions you should not continue to be a member as this will indicate your agreement to be bound by the new terms and conditions.
These terms and conditions are governed by English law and the parties agree to submit to the exclusive jurisdiction of the English courts.