A BT Website

BT Community Web Kit Terms and Conditions

 

British Telecommunications plc, 81 Newgate Street, London EC1A 7AJ, registered in England number 1800000 ("BT" and "we")

 

Terms and conditions for use of the BT Community Web Kit ("Terms") described at www.btck.co.uk (the "BT Community Web Kit")

 

What we provide


1.       These Terms apply to your use of BT Community Web Kit. Sometimes we may need to change the Terms and if we do so we will publish details of all changes online at www.btck.co.uk.

 

2.       As part of its corporate social responsibility programme BT is making BT Community Web Kit available free of charge to community groups and registered charities to enable them to have an online presence and build awareness of their activities in the community. You must be a not for profit community group or registered charity to use this free service and only use it for these and no other purposes, noting in particular that the service does not include any encryption capability or other security measures to protect personal or financial data BT shall be entitled to terminate this agreement without notice if you are in breach of this condition. You must be over 18 and duly authorised on behalf of your community group or registered charity to accept these Terms on its behalf. Please note that because this is a free to use service BT excludes its liability under clause 28 for any liability it may have under these Terms (except in the situation set out in clause 27).

 

3.       BT will use reasonable endeavours to provide BT Community Web Kit once you have accepted these Terms but BT has no liability in negligence or otherwise for any failure to do so.

 

4.       BT will provide BT Community Web Kit with the reasonable skill and care of a competent telecommunications service provider, although sometimes we may not be able to do what we have agreed because of something beyond our reasonable control (for example, industrial action). Except as expressly set out in these Terms, all warranties or representations (whether express or implied by statute, law or otherwise) are expressly excluded and you acknowledge that you have not relied on any such warranties or representations.

 

5.       BT may:

a.        for operational reasons change the technical specification of BT Community Web Kit;

b.       notify you of instructions which BT believes are necessary for reasons of health, safety or the quality of any telecommunications service provided by BT. If you fail to follow such instructions within a reasonable time of such notification, BT may treat such failure in accordance with Clause 35 (a) of these Terms;

c.        temporarily suspend BT Community Web Kit because of an emergency. The relevant service will be restored as soon as possible.

 

Before doing any of these things BT will give you as much notice as reasonably possible.

 

6.        You are responsible for providing all suitable computer hardware, software and telecommunications equipment and services necessary to access and use BT Community Web Kit.

 

7.       You are responsible for the security and proper use of all user IDs (where applicable) passwords and security checkwords allocated by BT which are used in connection with BT Community Web Kit (including changing such passwords and security checkwords on a regular basis) and must take all necessary steps to ensure that they are kept confidential, secure, used properly and not disclosed to unauthorised people.

 

8.       You must immediately inform BT if there is any reason to believe that a user ID, password, or checkword allocated by BT has, or is likely to, become known to someone not authorised to use it or is being, or is likely to be, used in an unauthorised way.

 

9.       BT reserves the right to suspend a user ID, password or checkword access to BT Community Web Kit if at any time BT has reason to believe that there is, or is likely to be, a breach of security or misuse of BT Community Web Kit and BT will notify you as soon as possible after it has done so.

 

10.    BT reserves the right (at its sole discretion) to require you to change any or all of the checkwords or passwords allocated by BT and used by you in connection with BT Community Web Kit.

 

11.    You must, as soon as reasonably practicable, inform BT of any changes to the information that you supplied when ordering BT Community Web Kit.

 

Use of BT Community Web Kit

 

12.    It is your responsibility to obtain and keep in force any licence or other permission or consent necessary for you to use BT Community Web Kit in any country in which it is provided.

 

13.    BT Community Web Kit is provided solely for your own use and you must not assign or resell or attempt to assign or resell BT Community Web Kit (or any part or facility of it) to any third party.

 

14.    You are solely responsible for any obligation or liability arising out of transactions of any kind entered into between you and any third party accessing or acting in reliance on BT Community Web Kit. BT will not be a party to, or in any way responsible for, any transaction between you and any third party.

 

15.    You are responsible for the creation, maintenance and design of all data, information, video, graphics, sound, music, photographs, software and any other materials (in whatever form) published or otherwise made available (directly or indirectly) by or on behalf of you or any third party by using BT Community Web Kit ("Your Information").

 

16.    You must ensure that Your Information does not include any information or material, any part of which, or the accessing of which, or use of which would be a criminal offence or otherwise unlawful. In particular you are responsible for obtaining all necessary licenses and consents (including, but not limited to, those from owners of copyrights or performing rights).

 

17.    You must comply with all consumer and other legislation, instructions or guidelines issued by regulatory authorities, relevant licences and any other codes of practice which apply to you and which relate to the provision of Your Information and your use of BT Community Web Kit. You must include current contact details for your registered charity or community group (e.g. email address) clearly within Your Information.

 

18.    BT Community Web Kit must not be used:

a.        for business purposes;

b.       in any way that does not comply with these Terms, any legislation or any licence applicable to you or that is in any way fraudulent or unlawful;

c.        in any way that does not comply with instructions given by BT or any other public telecommunications operator or other competent authority, in the country where BT Community Web Kit is provided;

d.       to send, knowingly receive, upload, download, use or re‐use any information or material which is offensive, abusive, indecent, defamatory, obscene or menacing, or in breach of confidence, copyright, privacy or any other rights;

e.       in any way that causes annoyance, inconvenience or needless anxiety;

f.         to send or provide unsolicited advertising or promotional material, or to knowingly receive responses to any unsolicited advertising or promotional material sent or provided using BT Community Web Kit by any third party;

g.        other than in accordance with the acceptable use policies of any connected networks and Internet standards;

h.       for file storage, data warehousing, back‐up data storage, any form of data file storage or management, services or software related to Internet relay chat, peer to peer file sharing, bit torrent, game servers, proxy server network, interactive chat, membership or community sites for file sharing, video sharing or photo sharing activities; or otherwise in a way that causes or may cause BT loss or damage.

 

19.    You must not use a Domain Name or URL that infringes the rights of any person in a corresponding trade mark or trade name.

 

20.    You are responsible for the acts and omissions of all members of your community group or registered charity in connection with BT Community Web Kit and are liable for any failure by any member to perform or observe these Terms, including any instructions issued under them.

 

21.    If you, or any member of your community group or registered charity, with or without your knowledge or approval, uses BT Community Web Kit:

a.        in contravention of Clauses 18 above; or

b.       in any way which, in BT's opinion, is, or is likely to be, detrimental to the provision of BT Community Web Kit to you or any other person and you fail to take corrective action within a reasonable period of receiving notice from BT

BT may suspend your use of BT Community Web Kit with immediate effect. In the event that BT suspends your use of BT Community Web Kit, BT will notify you as to why BT Community Web Kit has been suspended, you will be required to rectify the problem within a reasonable period of such notification. Where you fail to rectify the problem within a reasonable period of notice to do so, BT may terminate your use of BT Community Web Kit in accordance with Clause 35 of these Terms.

 

22.    You irrevocably and unconditionally agree to indemnify and keep indemnified and to hold BT, members of the BT Group and its officers, directors and employees harmless against claims, losses damages, costs, expenses and liability (including arising from any breach of confidence or in connection with any infringement of intellectual property rights) arising from or in connection with any of Your Information or other content or communication sent, provided or stored in connection with BT Community Web Kit.

 

Internet

 

You acknowledge that the Internet is independent of BT Community Web Kit and BT and use of the Internet is solely at your risk and subject to all applicable laws. BT has no responsibility for any information, software, services or other materials obtained by you using the Internet.

 

Domain Name

 

23.    You warrant that you are the owner of, or that you are duly authorised by the owner of, any trade mark or name that you wish to use as your Domain Name (a name registered with an Internet registration authority for use as part of your URL) and/or as part of your URL.

 

24.    BT reserves the right to require you to select a replacement Domain Name or URL and may either refuse to provide or may suspend your use of BT Community Web Kit if, in BT's opinion, there are reasonable grounds for BT to believe that the Domain Name or URL is, or is likely to be, offensive, abusive, defamatory, obscene, in breach of the provisions of Clause 18 or otherwise unlawful.

 

25.    Where IP addresses are allocated to you these are only for use in connection with BT Community Web Kit and all title and rights in those IP addresses, including the right to recover or change such IP addresses, belong to BT. You cannot sell them or agree to transfer them to anyone else and must not try to do so. On the termination or expiration of your use of BT Community Web Kit, for whatever reason, you must immediately cease using the IP addresses.

 

Intellectual Property Rights

 

26.    You acknowledge that all intellectual property rights (whether registered or unregistered) created or acquired by BT in the course of providing BT Community Web Kit vest and shall remain vested in BT.

 

Limitation of Liability

 

27.    Neither BT nor you exclude or restrict in any way its liability for death or personal injury resulting from its own negligence or the negligence of its employees or agents or community group members acting in the course of their employment, agency or membership or for fraudulent misrepresentation.

 

28.    As BT Community Web Kit is provided to you free of charge, BT shall have no liability to you or any third party whatsoever under or in connection with these Terms (whether in contract, tort, under statute or otherwise (including in each case negligence)) and whether or not for any of the following types of loss or damage

a.        any loss of profits, business contracts, anticipated savings, goodwill, or revenue; and/or

b.       any loss or corruption or destruction of data; and/or

c.        any special indirect or consequential loss or damage whatsoever, whether or not we were advised in advance of the possibility of such loss or damage.

 

29.    Clause 28 shall not affect any liability BT may have under clause 27 above.

 

30.    You accept that BT is under no obligation to edit, review or modify Your Information and that BT does not examine the use to which BT Community Web Kit is put. However, BT reserves the right to suspend access to Your Information following notice to you if BT reasonably believes that there may be a breach of these Terms, any applicable law or any third party right.

 

31.    BT excludes all liability of any kind in respect of Your Information and any other material on the Internet which can be accessed using BT Community Web Kit. BT is not responsible in any way for any goods (including software) or services provided by third parties advertised, sold or otherwise made available by means of BT Community Web Kit or on the Internet.

 

32.    BT is not liable to you either in contract, tort (including negligence) or otherwise for the acts or omissions of other providers of telecommunications or Internet services (including domain name registration authorities) or for faults or failures of their equipment.

 

Termination of this Contract by Notice

 

33.    BT may terminate these Terms on 28 days' notice to you. Termination of these Terms shall automatically cause termination of BT Community Web Kit(s) provided under it.

 

34.    Termination shall not prejudice or affect any right of action or remedy which shall have accrued or shall thereafter accrue to either party and all provisions which are to survive these Terms or do so by implication shall remain in full force and in effect.

 

Breaches of this Contract

 

35.    BT may terminate these Terms immediately on notice if you:

a.        commit a material breach of these Terms, which is capable of remedy, and fail to remedy the breach within a reasonable period of a written notice to do so; or

b.       commit a material breach of these Terms (which expressly includes clause 2) which is not capable of remedy; or

c.       are repeatedly in breach of these Terms; or

d.       are the subject of a bankruptcy order, or become insolvent, or make any arrangement or composition with or assignment for the benefit of your creditors, or go into voluntary (otherwise than for reconstruction or amalgamation) or a compulsory liquidation, or a receiver or administrator is appointed over your assets or if the equivalent of any such events under the laws of the relevant jurisdictions occurs to you.

 

36.    If BT is entitled to terminate these Terms under the provisions in Clause 35 above, BT may, on giving prior notice where practicable, suspend BT Community Web Kit without prejudice to such rights.

 

37.    If BT delays in acting upon a breach of these Terms that delay will not be regarded as a waiver of that breach. If BT waives a breach of these Terms that waiver is limited to that particular breach.

 

Data Protection

 

38.    During registration and at other times we may need to use your personal information to provide the services to you. BT's use of personal information provided by you or otherwise collected by us will be subject to our Privacy Policy which can be viewed from the following URL: https://www2.bt.com/btPortal/application?pageid=pan_privacy_policy.

 

Law and Jurisdiction

 

39.    These Terms are governed by English law and both parties submit to the exclusive jurisdiction of the English courts.

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