1. Use of these Web Conditions
1.1 These general terms and conditions ('Web Conditions') set out your rights and obligations, and those of the National Trust Group (as defined below) in relation to this website (the ‘Site’) and its Content (as defined below).
1.4 You agree to these terms and conditions every time you access any part of the Site or make use of any of the Content.
1.5 The Site is provided by the National Trust Group and the Community and The Website are administered and managed by Research Bods Online Ltd (company number 07642707).
2.1 Certain words used have the meanings given below:
2.1.1 ‘Content’ includes, but is not limited to, all text, graphics and images that appear on the Site, and the design, look and feel of the Site itself.
2.1.2 ‘Intellectual Property Rights’ means: -
a) rights in inventions, patents, registered designs, design rights, know-how, trademarks and service marks (whether registered or not);
b) any trade, brand or business names and any distinctive sounds used to differentiate the goods and services of a business;
c) utility models;
d) copyright (including all such rights in computer software and databases);
e) moral rights;
f) any rights or forms of protection of a similar nature to any of the above and having equivalent or similar effects to any of them, and
g) all or any other intellectual or industrial property rights whether or not registered or capable or registration
in each case whether subsisting now or in the future in any part of the world and including all applications and rights to apply for any of such rights together with all or any goodwill relating to such rights.
2.1.3 ‘National Trust’ means The National Trust of Heelis, Kemble Drive, Swindon, SN2 2NA (registered charity 205846).
2.1.4 ‘NT’ means the company or body within the National Trust Group, which is named in the Agreement or the relevant part of the Site.
2.1.5 ‘NT Content’ means the material on the Site controlled by any member of the National Trust Group.
2.1.6 'National Trust Group' means the National Trust and any company or legal entity controlling, controlled by, or under common control with the National Trust. In this definition "control" means the ownership directly or indirectly of 50% or more of the voting shares, a 50% or greater interest in the income of such company or legal entity, or the ability otherwise of The National Trust to secure that the affairs of such company or legal entity are managed in accordance with the National Trust's wishes.
2.1.7 ‘Our’ means the National Trust Group.
2.1.8 ‘Third Party Content’ means the material on the Site or accessed through the Site that is controlled by parties other than the National Trust Group.
2.1.9 ‘Us’ means the National Trust Group.
2.1.10 ‘We’ means the National Trust Group.
2.1.11 ‘You’ and ‘Your’ means the person entering the Agreement or accessing the Site as the case may be.
3. Changes to these Web Conditions and to Additional Terms and Conditions
We may change these Web Conditions at any time. It is your responsibility to check these Web Conditions in case there are any changes. If you access and use the Site after we have made a change to these Web Conditions you shall be treated as having accepted the change.
4. Accuracy of Content
The Site and Content is provided for your general information only; We advise that, although the National Trust Group makes every effort to maintain the accuracy of information on the Site, Content may not be accurate and complete and is provided ‘as is’. Therefore you should not plan to do, or refrain from doing, something in reliance upon Content without first checking the accuracy of the relevant Content by some other means. All such information on the Site is necessarily subject to change, sometimes at short notice.
5. Third Party Content, ‘Partners’ and Links from the Site
5.1 We are not responsible for the content of third party sites linked to the Site or for Third Party Content. They are independent of us, and their content is not endorsed or approved by Us, even where the third party in question is stated to be a 'partner' of NT.
5.2 The Site has been built in collaboration with Research Bods Online Limited (“Research Bods”). Research Bods run and moderate the Site and any Content that you post on the Site.
5.3 In entering any agreement to which the National Trust Group is not a party, you accept that the National Trust Group has no liability whatsoever.
5.4 You should check with us if you are in any doubt as to the status of any Content.
5.5 The Website may incorporate certain content that is generated by members of The Community (including you). You acknowledge and agree that:
5.5.1 Our ability to control the user generated content is limited;
5.5.2 We do not endorse user generated content and cannot guarantee that it will meet the standards that content produced by us would ordinarily meet;
5.5.3 Any views expressed in user generated content do not necessarily reflect our views.
5.6 The content standards set out in paragraph 10 below will also apply to any user generated content that you may create.
6. Contact Between Us
6.1 You are responsible for ensuring that your instructions (including all the details We may require to carry out your instructions) and any information you give to us are accurate and complete. We shall not be liable for any loss or damage you suffer if they are in any way inaccurate or incomplete and our records will be conclusive evidence of your instructions unless we agree otherwise. We may in our absolute discretion refuse to carry out any instruction or reverse any action taken by us in response to any instruction.
6.2 To contact us please refer to contact details given on the Site or in the relevant Additional Terms and Conditions. There may be different addresses and telephone numbers for different purposes.
7. Target Audience
Services on the Site are only available to residents of the United Kingdom. Certain services on the Site will only be available to you once you have registered with the Site.
8. Intellectual Property
8.1 Our Site and the Intellectual Property Rights in the NT Content are owned by or licensed to us.
8.2 Certain names, words, images or logos identifying us and the products and services featured in the Site are the trademarks of the National Trust Group. Certain other names, words, images or logos may constitute trade names or unregistered trademarks of the National Trust Group.
8.3 The names and logos of third parties mentioned on the Site or in the Third Party Content may be the trademarks, trade names or unregistered trademarks of those third parties and they are used with the permission of such organisations. In the event that you own Intellectual Property that appears on the Site without your written consent please notify us.
8.4 You may view, print, download or store temporarily extracts from the Site for your own personal reference or for the purpose of applying to us to access or use the products and services featured on the Site. No other use (including, without limitation, the alteration, deletion, utilisation or extraction) of the content and materials featured on the Site is permitted without our written permission. Otherwise than as provided, the Site cannot, whether in whole or as to any part, be copied, reproduced, distributed or transmitted in any medium (including, without limitation, by the internet) without our written permission.
8.5 Where downloads of third party software are made available on the Site, they are owned by the third party licensor in question, and will be subject to any terms and conditions applied by the relevant third party.
8.6 The Site may contain proprietary notices (such as moral rights and trade mark notices) and copyright information, the terms of which must be observed.
9. Linking to the Site
9.1 You must not link to the Site for commercial purposes without our written agreement.
10. Access to the National Trust Group Internet based Services and Products
10.1 The Site is made available free of charge and only natural persons who are at least 18 years old may register to use the Site. Only one registration is permitted per person. You may not transfer your membership to anyone else. You may not authorise others to use your account. We reserve the right to refuse any membership applications and/or terminate membership at any time and for any reason.
10.2 We do not guarantee that the 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 the Site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
10.4 In order to register as a member of the Community on the Site you will be asked to provide your name, your personal email address and other personal information. You promise that all information and details provided are true, accurate and up to date. You will also be asked to create a unique user name and password. You are responsible for all activity that occurs under your user name and password. We will not be responsible where your password is used by someone else. You must keep your password confidential and you must not disclose it to anyone. You should notify us immediately of any unauthorised use of your user name and/or password and any breach of security as soon as you become aware of it.
10.6 If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at firstname.lastname@example.org.
Community activity - Content
10.7 In parts of the Site you may be enabled to interact with other users or with us, through (for example) message boards and email. You must ensure that any such interaction by you or through your email address will not:
10.7.1 be capable of infringing the Intellectual Property Rights or other rights of any person;
10.7.2 breach any applicable law or regulation; or
10.7.3 in any way that may lead to the encouragement, procurement or carrying out of any criminal or unlawful activity, or cause distress, harm or inconvenience to any other person;
10.7.4 harass, threaten, degrade, abuse, or intimidate other members of the community;
10.7.5 promote falsehoods or misrepresentations that could damage us or any third party;
10.7.6 distribute or arrange production of any material which is unlawful, obscene, indecent, profane, defamatory, libellous, threatening, pornographic, harassing, hateful, racially or ethnically offensive;
10.7.7 bring (or potentially bring) the community, any member of the National Trust Group or Research Bods into disrepute;
10.7.8 impersonate any person;
10.7.9 attempt to solicit personal information from anyone;
10.7.10 be perceived as inappropriate for the Site, offensive or misleading.
10.8 We may remove any postings, content or other interaction at our entire discretion.
10.9 We have no obligation to monitor, censor or edit the content of any material transmitted or received by you or other users of the Site. You are responsible for the content of any material you transmit.
10.10 The Site may include information and materials uploaded by other users of the Site, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on the Site do not represent our views or values.
10.11 If you wish to complain about information and materials uploaded by other users please contact us on email@example.com.
10.12 Any Content you upload to the Site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of the Site a limited licence to use, store and copy that content and to distribute and make it available to third parties.
10.13 ‘Equipment’ means all such compatible equipment, software and communications lines (including any public communication lines) required by you to properly access the Site.
10.14 You are responsible for obtaining and maintaining Your Equipment and for ensuring that it is compatible with the Site. We have no responsibility or liability with respect to your Equipment.
10.15 We may change the minimum specification required to access the Site at any time. We shall notify you of such a change by placing a general message on the Site or through amendment of these Web Conditions. We shall not be liable to you if any such change in specification results in your Equipment becoming incompatible with the Site or becoming unable to perform, within the Site, all of the functions previously performed.
10.16 We cannot guarantee the speed with which you will be able to access and use the Site (as it will depend upon factors such as the specification of your Equipment and the number of people using the Site) or that you will have uninterrupted or continuous access to the Site.
10.17 You must not:
10.17.1 introduce or attempt to introduce any virus or any other contaminant to the Site or any of Our computer systems;
10.17.2 in any way attempt to access, alter, de-compile, reverse engineer, destroy or otherwise tamper with any part of the Site or any of Our computer systems;
10.17.3 interfere with the use of another person’s access to or use of the Site;
10.17.4 obtain access to information relating to another person which is on Our computer system;
10.17.5 use or attempt to use the Site or any of Our computer systems for any unlawful or immoral purpose.
10.18 You are responsible for getting an appropriate connection with a telecommunications provider in order to access the Site.
10.19 We shall control, direct and establish technical procedures for using the Site (and we may vary them from time to time). You must follow our instructions and adhere to our procedures as given on the Site when using any the National Trust Group web-based service.
10.20 You must ensure that any material and / or information downloaded or otherwise obtained through the use of the Site is at your own discretion and that you will be responsible for any damage to your Equipment or loss of data that results from the download of such material and / or data.
We are not responsible for viruses and you must not introduce them
10.21 We shall use reasonable endeavours to keep the Site free from viruses and corrupt files but we do not warrant that the Site is free from infection by viruses or anything else with contaminating or destructive properties. We recommend that you ‘virus check’ all information sent to you by us. You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software. We shall not be liable for any corrupt information sent to you by Us or for any corrupt information you send to us.
10.22 You must not misuse the 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 the Site, the server on which the Site is stored or any server, computer or database connected to the 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 the Site will cease immediately.
11.1 If you have a complaint about the Site please contact us.
11.2 If you have a complaint about the Agreement please contact us.
Us to you
12.1 We shall not be liable to you for any loss or damage (other than that which cannot by law be excluded) you may suffer (irrespective of whether it arises due to Our failure, error or delay) as a result of:
12.1.1 Our having acted upon your instruction or following receipt of any information from you;
12.1.2 Any misuse or abuse of the Site by you or anyone else;
12.1.3 Your personal information having been disclosed to someone else (other than due to Our having so disclosed it or otherwise due to our default);
12.1.4 The Site being unavailable for whatever reason.
12.2 We shall not be liable to you in any circumstances for any loss or damage (other than that which cannot by law be excluded) that:
12.2.1 is not direct;
12.2.2 is beyond Our reasonable control; or
12.2.3 We could not reasonably foresee.
12.3 Any liability We may have to you will be limited to the actual amount of any loss or damage you incur or suffer.
12.4 We regularly update the Site. However, we do not warrant that the content of the Site or the products and services featured are available (either as featured or at all). The content of and the products and services featured in the Site are subject to change at any time without notice.
12.5 We do not seek to exclude or restrict liability for death or personal injury resulting from Our negligence or for any other liability that cannot be excluded by law.
You to us
12.6 You will be liable to Us for (and agree to indemnify Us against) all actions, claims, costs, damages, demands, expenses, liabilities, losses and proceedings We directly or indirectly incur or which are brought against us if you have:
12.6.1 acted fraudulently;
12.6.2 been negligent;
12.6.3 misused or abused the Site;
12.6.4 breached your Agreement with Us.
12.7 You will be liable for any loss even if the instructions were not given by you except:
12.7.1 in the case of a fraud to which you were not a party (unless you have failed to make any required notification);
12.7.2 if you are able to prove a relevant failing on Our part; or
12.7.3 We have acted in error.
12.8 We shall not be liable for any errors or delay or failure if this is due to anything beyond Our control; for example:
12.8.1 industrial action;
12.8.2 fire, flood, explosion, act of God, governmental act; or
12.8.3 the failure, directly or indirectly of any power supply, machine, data processing system, data transmission link, or telephone link.
12.9 Each of these conditions is separate from all other conditions, so that if one condition is found to be void or otherwise unenforceable it will not affect the validity of any of the others.
12.10 If we do not enforce any of the rights we have under this Agreement, or if we delay in enforcing them, that does not prevent Us from taking any action to enforce Our rights in the future.
12.11 Upon termination of your Agreement terms and conditions in the Web Conditions and Additional Terms and Conditions that are capable of continuing to apply will do so.
12.12 The Agreement and the Web Conditions will be governed by, and its terms construed in accordance with, the laws of England and the Courts of England will have exclusive jurisdiction over any disputes arising from the Site.
13.1 You may terminate your membership at any time by unsubscribing from the Site. This can be done by going directly to your ‘Profile’ page. Here you can update your membership information or delete your account entirely. If you unsubscribe from the Site, your profile information will be removed and you will be unable to access the Site, the services available on it and you will no longer receive emails from us. In addition, you will forfeit any incentives or rewards that you have not yet received at the time you unsubscribe. In event that The Community and/or The Website ends or is cancelled, you will be emailed to be informed of the closure at which point your access to it will cease. The National Trust and Research Bods reserve the right to immediately and without notice, suspend or terminate your Community membership, or your ability to access The Community at our discretion.
These general prize draw terms and conditions were last updated on 22nd July 2017.
The following terms and conditions apply to all prize draws promoted on our-place-insight.org.uk (known as the “Site” throughout the remainder of the document). The Promoter is Research Bods Online Ltd, a company registered in England under company number 7642707 with a registered office at Unit G4, Whitehall Waterfront, 2 Riverside Way, Leeds LS1 4EH. The Promoter is responsible for managing and administering the monthly and any additional prize draws on behalf of The National Trust (registered charity 205846). The Promoter is responsible for delivering the monthly prize draw prize(s) to the winner(s). The National Trust is responsible for delivering any additional prize draw prize(s) to the winner(s).
These general prize draw terms and conditions (Prize Draw Terms) apply in addition to any specific terms and conditions which may be posted on the Site in connection with a prize draw on the Site (Specific Terms). To the extent that there is any inconsistency between the Prize Draw Terms and the Terms and Conditions of the Site (Site Terms), the Site Terms will prevail. The Site Terms, Prize Draw Terms and the Specific Terms may be amended at any time without prior notice. Any changes will be posted on the Site. It is your responsibility to ensure you review the current Site Terms, Prize Draw Terms and the Specific Terms.
By taking part in a prize draw, you accept and agree to the Prize Draw Terms and the Specific Terms. If you do not agree with any of the Prize Draw Terms and the Specific Terms then you should not participate. No purchase of any kind is necessary for the free prize draws. However, to take part entrants must have participated in and completed the relevant activities.
Entrants must be residents of the United Kingdom, Isle of Man or Channel Islands and must be aged 18 years or over at the time of entry. Employees of the National Trust and their immediate families are ineligible to enter. In entering a prize draw, you confirm that you are eligible to do so and are eligible to claim any prize you may win. The Promoter reserves the right in its sole discretion to ask for evidence of age, identity and/or eligibility of an entrant at any time. The Promoter may withhold delivery of a prize until it has received such evidence from the winner. Failure to provide evidence in a timely manner may result in forfeiture of the prize.
The opening date and closing date for entries will be as indicated in the Specific Terms. To enter a prize draw, entrants must follow the instructions provided by the Promoter. Entrants may be automatically entered into a prize draw when they complete any of the eligible research tasks (e.g. surveys, polls or forum discussions) on the Site. Any entries received before the prize draw opens or after the closing date and time will not be counted.
Any entries which are incomplete, incorrectly submitted, lost, damaged in any way, made or received after the deadline for receiving entries has passed will be discounted. In the event of any fault, mistake, misunderstanding or dispute concerning the entries the decision of the Promoter shall be final. The Promoter does not accept responsibility in the event that any entry is lost, delayed or not properly received regardless of cause, including but not limited to equipment failure, technical malfunction, satellite, network, server, computer hardware or software failure of any kind.
The Promoter will not in any circumstances be responsible or liable to compensate you or accept any liability for any fault, malfunction, damage, loss or disappointment suffered by you as an entrant howsoever arising from participating in a prize draw or from accepting any prize, whether due to any error, omission by the Promoter, or its employees, agents or others or by any other cause.
The number of prize winners for each prize draw is as specified in the Specific Terms posted on the Site or otherwise communicated by the Promoter (e.g. as part of an invitation to participate in a research task). Prize draws will take place within one week of the closing date and time for entry, unless otherwise specified in the Specific Terms. Unless stated otherwise in the Specific Terms, the prize winner will be the first entry drawn at random from all valid entries, subject to eligibility and winner confirmation. Unless otherwise stated in the Specific Terms, the winner will be contacted by email within one week after the draw date, unless otherwise indicated in the Specific Terms.
If the winner fails to respond to the notification email within 30 days of the email being sent, or if the winner fails to meet any of the eligibility requirements or is otherwise unable to comply with the Prize Draw Terms and/or the Specific Terms, this may result in forfeiture of the prize and the Promoter reserves the right to disqualify that entrant (without liability to that entrant) and offer the prize to the next eligible entrant and thereafter until a winner is found.
The winner is required to comply with all instructions and requirements as may be provided by the Promoter, prize provider(s) and/or their agents to receive and/or take up the prize. The Promoter will not be liable to the winner or any other persons where they fail to comply with such instructions and/or requirements, and such failure may result in forfeiture of the prize (without liability to the entrant). The Promoter reserves the right to disqualify you if your conduct is contrary to the spirit or intention of the prize draw.
If you are the winner of a prize draw, you agree that the Promoter may post your username on the Site or via newsletter to the Panel members.
The prize for each prize draw is as specified on the Site or otherwise communicated by the Promoter (e.g. as part of an invitation to participate in a research task). Unless otherwise stated each entrant is limited to winning one prize per prize draw. Each prize is subject to availability and to winner confirmation, i.e. the Promoter has managed to contact the winner and confirm eligibility.
Where the prize is a voucher (which may be provided in the form of a unique voucher code or otherwise); such voucher may only be redeemed by the prize winner and will be made payable in pounds sterling. Use of such voucher will also be subject to the terms and conditions of the issuer of the voucher.
No cash equivalent (where applicable) or alternative prize will be given at the request of the winner and the prize is non-transferable, non-negotiable and non-exchangeable. However, the Promoter reserves the right to change the prize or any part of the prize to an alternative of equal or greater value for any reason in its sole discretion, including without limitation due to circumstances beyond its control or if any part of the prize becomes unavailable. The prize may not be claimed by a third party on your behalf.
If for any reason the winner chooses not to take up the prize or any part of the prize, the Promoter reserves the right to ask the winner to confirm this in writing and the Promoter will be able to retain or dispose of the prize (or part of the prize) at its own discretion. The Promoter may refuse to provide a prize, or seek its recovery, in the event of: non-entitlement under the Prize Draw Terms and/or the Specific Terms; an entrant's breach of the Prize Draw Terms and/or the Specific Terms; or the fraud or dishonesty of an entrant.
The Promoter or prize provider(s) endeavour to deliver the prize to the winner within twenty-eight (28) days from the date of winner confirmation, unless stated. The Promoter or prize provider(s) will not be liable where a prize has been lost or stolen following delivery and such prize will not be replaced.
If there is any reason to believe that there has been a breach of Prize Draw Terms, the Specific Terms or the Site Terms, the Promoter may, at its sole discretion, reserve the right to exclude you from participating in a prize draw.
The Promoter reserves the right to hold, void, suspend, cancel or amend a prize draw where it becomes necessary to do so.
These Prize Draw Terms shall be governed by English Law and the parties submit to the non-exclusive jurisdiction of the courts of England and Wales.