CNCC Website Terms of Use

The website is owned by the Council of Northern Caving Club ("CNCC").

Use of our websites

Please read the following Website Terms and Conditions, which relate to information regarding general use of our website. By using our websites, you are agreeing to these Terms and Conditions whether as a guest or registered user. By using our site you are indicating you accept these terms of use and that you agree to abide by them. From time to time we may change these Terms and Conditions, and will post revisions on this website. We recommend that you read these Terms and Conditions prior to using our sites and thereafter regularly review any changes and you are responsible for doing so.

Privacy

Use of the data that you provide us, or which is collected by use on our websites, is governed by our Privacy Policy. By using our site you consent to such processing.

Access to the CNCC website

We try to ensure that website availability is uninterrupted and that transmissions will be error-free. However, we cannot, guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or the introduction of new facilities or services. We of course try to limit the frequency and duration of any suspension or restriction.

Accounts and passwords

If you have registered your club for a site login to access further services provided by the CNCC any user password must be kept confidential and used only by you or a representative of your club on your behalf. We have the right to disable any user login whether chosen by you or allocated by us at any time if in our option you have failed to comply with any of the provisions of these terms of use.

Any passwords that you specify must be at least 8 characters and contain at least one number and at least one letter. We recommend a password length of at least 10 characters.

Intellectual property rights

The content, layout, design, data, databases and graphics on this website are protected by UK and other international intellectual property laws and are owned by the the CNCC or it's developers. Unless expressly permitted in writing your use of material on this site is strictly for your personal non-commercial use, no part of the website may be reproduced, stored in any medium, including but not limited to a retrieval system or transmitted, in any form or by any means (electronic, mechanical, photocopying, recording, broadcasting) nor, shown in public. You may print out guides or descriptions created by the CNCC for use by you or your caving club for the purposes of cave route finding or safety. This does not include storing it on any publicly available medium such as the public facing side of your club website. Data is strictly prohibited for any kind of commercial activity use unless express consent is given in writing by the CNCC.

You may not create any derivative work or make any other adaptation, without our prior written consent. You must not modify the copies you have displayed or printed in any way and you may not use any illustrations, photographs, videos or audio sequences or any graphics separately from any accompanying text. Any permitted use of our material is subject to ensuring that our copyright notices and trade marks appear as they do on all copies online and customary bibliographical citations including author attribution, date article title (where applicable) and the URL to the relevant website are included. If you print off or download any material from our website in breach of these terms of use, any rights to use our site will cease immediately and you must at our option return or destroy any copies of the materials you have made. All rights not expressly granted in these terms or any express written licence, are reserved.

Any material you upload to our sites will be considered non-confidential and non-proprietary (unless otherwise stated on the site or within our privacy policy) and for such content you grant us a transferable, royalty free, worldwide, irrevocable licence to use, copy, distribute, edit, amend, disclose, sub licence to third parties and create derivative works in whole or party of any such material for any purpose, in any media.. We may remove, edit or amend any such material at any time without notice to you. To the extent moral rights attach to any material to the fullest extent permitted by law these are waived in our favour. All material posted must adhere to the requirements of "Your conduct" below.

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 any of our sites constitutes a violation of their rights, including without limitation, their intellectual property rights, reputational rights or of their right to privacy.

Permission for use of our intellectual property

Any request for permission of our content or images, or other use of our intellectual property not authorised under a subscription, should be made by contacting the Chairperson or Secretary using the contact us page.

Links

Our websites contain links including hyperlinks which may take you outside the CNCC website. Links are provided for your convenience, and an inclusion of any link does not imply endorsement or approval by us of the linked website, its operator or content. We have no control over the contents or functionality of those sites and accept no responsibility for any loss or damages that may arise from your use of them. We are not responsible for any website outside the CNCC website, and such websites use will be subject to relevant terms and conditions and privacy policies.

You may link to articles or the home page of the CNCC websites but you must not deep link to the admin area. You may not provide a link which suggests a form of association, approval or endorsement on our part, unless we have expressly agreed to this in writing. We reserve the right to withdraw any linking permission upon notice to you or by amending these terms and conditions.

Browsers

Please note: If you are using one of the popular "offline browsers" that allow you to download content from a site and read it later, please be aware that subject to ensuring that this amounts to only a small proportion of content, strictly for your personal non-commercial use, or where this amounts to "fair dealing" we impose one restriction on their use.

In order for us to provide reliable, continuous, and timely access to the website data for all readers, we ask that you configure your offline browser to not request more than one page per 60 seconds.

Disclaimers

Description or reference to a product or publication does not imply endorsement of that product or publication, unless it is owned by the CNCC and in which case it is subject to the disclaimers limitations of liability herein and within any licence or other agreement with you the latter of which shall prevail in the event of a conflict. To the fullest extent permitted by law, the material and information displayed on our website is provided "as is" without any guarantees, conditions or warranties as to accuracy.

We try and ensure our websites are available for use 24 hours per day, 7 days per week other than for a small period for scheduled down time, however we do not warrant that at other time our websites will be available. To the fullest extent permitted by law, we will be not be liable to you for damages or refunds should our sites become unavailable or access to a site becomes slow or incomplete due to system back-up procedures, internet traffic volume, upgrades, overload of requests to the servers, general network failures or delays, or any other cause which may from time to time make the any of our websites inaccessible to you.

We rely on our authors of articles, contractors and third party data providers to confirm the accuracy of information and advertisements presented and to describe generally accepted practices and therefore we as the publisher and editors cannot warrant its accuracy. Differences may occur also between the print and online text of articles and advertisements. Readers should be aware that experienced cavers may have different opinions. Because of this fact we strongly recommend that readers independently verify any information that they chose to rely upon. Ultimately it is the reader's responsibility to make their own judgements.

The CNCC exists to provide cave and access information and will endeavour to always provide accurate help and advice to individuals or affiliated clubs. The CNCC do not offer 'how to' information on best practices underground and it is up to the individual to be aware of his or her capabilities and to seek training where necessary. The CNCC will always recommend that you join a caving club for the best support and safety advice.

The CNCC Technical Group provide specific safety information on anchor placements. Additional safeguards and insurance is also provided as part of the anchor placement scheme. Further information about this can be found on the Technical Group section of the site or by contacting us.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, THE CNCC EXPRESSLY EXCLUDES:

i. ALL CONDITIONS, WARRANTIES AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLED BY STATUTE, COMMON LAW OR THE LAW OF EQUITY;

ii. ANY LIABILITY CAUSED BY A FORCE MAJEURE EVENT;

iii. ANY OBLIGATION OF EFFECTIVENESS OR ACCURACY; AND

iv. OTHER THAN AS SET OUT BELOW, ANY LIABILITY FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE INCURRED BY YOU IN CONNECTION WITH THIS AGREEMENT, INCLUDING BY YOUR USE OR INABILITY TO USE ANY INFORMATION ON OUR WEBSITE OR WITHIN ANY PUBLICATION SUBSCRIBED TO, VIA ANY WEBSITES LINKED TO OUR WEBSITE(S) AND ANY MATERIAL POSTED ON IT, INCLUDING WITHOUT LIMITATION ANY LIABILITY FOR LOSS OF INCOME OR REVENUE, LOSS OF BUSINESS, LOSS OF PROFITS OR CONTRACTS ANTICIPATED SAVINGS, LOSS OF DATA, LOSS OF GOODWILL, WASTED TIME AND FOR ANY OTHER LOSS OR DAMAGE OF ANY KIND, HOWSEOEVER AND WHETHER CAUSED BY TORT INCLUDING NEGLIGENCE, BY BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORSEEABLE.

NOTHING IN THIS PROVISION AFFECTS OUR LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM OUR NEGLIGENCE NOR FOR LIABILITY FOR FRAUDULENT MISREPRESENTATION OR MISREPRESENTATION AS TO A FUNDAMENTAL MATTER NOR ANY OTHER LIABILITY WHICH CANNOT BE EXLUDED OR LIMITED UNDER THE APPLIACABLE LAW. THESE PROVISIONS DO NOT AFFECT ANY APPLICABLE STATUTORY RIGHTS.

Your conduct

You must not use the website in any way that causes or is likely to cause the website or access to it to be interrupted, damaged or impaired in any way. You understand that you are solely responsible for all electronic communications and contents sent from your computer to us. You must use the website for lawful purposes only. You must not use the website for any of the following:

  • For fraudulent purposes or in connection with a criminal offence or otherwise carry out any unlawful activity
  • To send, use or re-use any material that is illegal, offensive, abusive, indecent, harmful, defamatory, obscene or menacing racist, abusive, threatening, defamatory, invasive of privacy, in breach of confidence, infringes any intellectual property rights, or is otherwise injurious to third parties; or objectionable; or which consists of or contains software viruses, trojan horses, worms, time bombs, keystroke loggers, spyware, adware or any other harmful or similar computer code designed to adversely affect the operation of any computer software or hardware, political campaigning, commercial solicitation, chain letters, mass mailings or any spam.
  • To cause annoyance, inconvenience or needless anxiety
  • To impersonate any third party or otherwise mislead as to the origin of your content
  • To reproduce, duplicate, copy or resell any part of our site in contravention with these terms of use or any other agreement with the CNCC.

Governing law and jurisdiction

To the fullest extent permitted by law, these terms will be governed by the laws of England and shall be governed and construed in accordance with the laws of England whose courts shall have exclusive jurisdiction, unless as at the date of formation of any agreement with you either i) the laws of England would not be upheld in the Courts in the users stated country location; ii) an English judgement could not be enforced in the user stated country location; or iii) it would take six months or more for the CNCC to enforce an English judgement in the users stated country location, then it is hereby agreed that this Agreement shall be governed by the laws of the subscriber's stated country (or state if applicable) and their courts. Notwithstanding any of the above, this clause is governed by the laws of England.

 

Date of last update of document: March 2013