Use of This Website
The term "website" used herein reffers to cncc.org.uk or any of it's sub-dmains.
The website is owned by the Council of Northern Caving Club ("CNCC").
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
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.
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.
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.
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.
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.
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.
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
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.