PLEASE READ CAREFULLY BEFORE REGISTERING TO USE THE ONLINE BRIGADE MANAGER PLATFORM VIA OUR WEBSITE.
Your use of the Platform
The Platform is made available to you on the basis of these Conditions. By clicking on the "accept" button below, when registering to use the Platform via the Website, you agree to these Conditions, which will bind you.
If you do not agree to these Conditions, you must not tick the "tick-box" to agree with these conditions or click the ‘Continue’ button, and therefore you will not be able to use the Platform. The Platform is only available via this Website.
About Us and our Partners
The Boys Brigade is registered in England and Wales under company number 145122 and we have our registered office and main trading address is at Felden Lodge, Felden Lane, Hemel Hempstead, Hertfordshire. Our contact number is 01442 231 681.
The Platform is hosted for us by Online Youth Manager Limited ("OYM"), and we will allow OYM to benefit from certain rights which you grant to us under these Conditions (in particular to host your data and to use your profile for testimonials).
You should print a copy of these terms and conditions for future reference.
NOW IT IS HEREBY AGREED as follows:-
1.1. These Conditions apply to the Platform and any and all of the services accessible through the Platform, including any updates or supplements to the same.
1.2. We may change these terms at any time by notifying you of a change when you next log onto the Platform. The new terms may be displayed on-screen and you may be required to read and accept them to continue your use of the Platform.
1.3. By using the Platform, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send via the Platform may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
2. Your use of the Platform
2.1. The Platform is made available free of charge, but is only made available to you when you are authorised by us to use the Platform. The authorisation for your use of the Platform may be withdrawn by us from time to time without reason, and without prior notice, including but not limited to in circumstances where you have failed to comply with these Conditions.
2.2. We do not guarantee that the Platform, or any content on it, will always be available or be uninterrupted. Access to the Platform is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Platform and/or its functionality without notice. We will not be liable to you if for any reason the Platform is unavailable at any time or for any period.
2.3. You are responsible for making all arrangements necessary for you to have access to the Platform, and for ensuring that all persons who access the Platform through your internet connection are aware of these Conditions and other applicable terms and conditions, and that they comply with them.
2.4. We, and OYM as our third party website hosting provider, are entitled to monitor your usage and use of the Platform from time to time, and without notice to you.
3. Your Account and Password
3.1. When you register to use the Platform, you will set a password. You must treat this, together with your login information, as confidential, and you must not disclose any such information to a third party. This information permits you to access your secure area of the Platform, and for this reason there is a major security risk if you provide this information to a third party.
3.2. We have the right to disable access to your account, and to suspend the use of your password, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Conditions.
3.3. If you know or suspect that anyone other than you knows your password, or login information, you must immediately change it through the system.
4. Making Payments through the Platform
4.1. Certain functionality within the Platform may allow you to make payments to us or to third parties.
4.2. The Platform provides you with access to a third party payment broker, GoCardless. Should you wish to use GoCardless, you will enter into a separate agreement with GoCardless in accordance with their standard terms and conditions. We provide no warranties whatsoever in respect of the GoCardless service. Since we are not providing, in control of, or responsible for the GoCardless service, you agree that we shall have no liability whatsoever in respect of that service, save only that when a transaction is properly effected through GoCardless, we will record the transaction through the functionality of Platform.
4.3. Where you make a payment via GoCardless, we will charge a transaction fee. The amount of this transaction fee will be explained to you at the time of payment via the Platform.
5. Uploading Content via the Platform
5.1. Whenever you make use of a feature that allows you to upload content to the Platform, or to make contact with other users, you must comply with the content standards set out in our acceptable use policy from time to time, which will be made available to you via the Platform.
5.2. You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty.
5.3. You retain all of your ownership rights in your content, but you are required to grant us and other users of the Platform a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described in the next paragraph (Rights you grant).
5.4. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to the Platform constitutes a violation of their intellectual property rights, or of their right to privacy.
5.5. We have the right to remove any posting you make on the Platform if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.
5.6. The views expressed by other users on our site do not represent our views or values. You are solely responsible for securing and backing up your content.
6. Rights you grant
6.1. When you upload or post content to our site, you grant a royalty free, non exclusive licence to us and our licensor to use any of the uploaded data by you.
6.2. You agree that we and OYM will be entitled to use any content uploaded by you to the Platform, including your name and status within the organisation for the content of testimonials for marketing purposes both for our own internal services, and to promote other services offered by OYM (see 14.14).
7.1. We do not guarantee that the Platform will be secure or free from bugs or viruses.
7.2. You are responsible for configuring your information technology, computer programmes and platform in order to access the Platform. You should use your own virus protection software.
7.3. You must not misuse the Platform 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 the Platform, the server on which the Platform is stored or any server, computer or database connected to the Platform. You must not attack the Platform 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 Platform will cease immediately.
8. Third party links
The Platform may contain links to other independent third-party websites ("Thirdparty Sites"). Third-party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any).
You will need to make your own independent judgement regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them.
9.1. Except as expressly set out in these Conditions or as permitted by any local law, you agree:
9.1.1. not to copy, reproduce, publish, distribute, broadcast, transmit, modify, adapt, edit, abstract, create derivative works of, store, archive, publicly display, sell or in any way commercially exploit any part of the Platform or any content uploaded to it;
9.1.2. not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Platform;
9.1.3. not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Platform or attempt to do any such thing except to the extent that (by virtue of section 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are essential for the purpose of achieving interoperability of the Platform with another software program, and provided that the information obtained by you during such activities:
188.8.131.52. is used only for the purpose of achieving inter-operability of the Platform with another software program;
184.108.40.206. is not unnecessarily disclosed or communicated without our prior written consent to any third party; and
220.127.116.11. is not used to create any software that is substantially similar to the Platform.
10. Acceptable use restrictions
10.1.1. not use the Platform in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Conditions, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Platform or any operating system;
10.1.2. not infringe our intellectual property rights or those of any third party in relation to your use of the Platform, including the submission of any material (to the extent that such use is not licensed by these Conditions);
10.1.3. not transmit any material that is obscene, indecent, pornographic, seditious, defamatory, offensive, threatening, liable to incite racial hatred, menacing or otherwise objectionable in relation to your use of the Platform;
10.1.4. not use the Platform in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
10.1.5. not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service. together Acceptable Use Restrictions.
11. Intellectual property rights
11.1. You acknowledge that all intellectual property rights in the Platform anywhere in the world belong to us or our licensors, that rights in the Platform are licensed (not sold) to you, and that you have no rights in, or to, the Platform other than the right to use each of them in accordance with these Conditions.
11.2. You acknowledge that you have no right to have access to the Platform in sourcecode form.
12. Limitation of liability
12.1. You acknowledge that the Platform has not been developed to meet your individual requirements.
12.2. If you are a consumer user, please note that we only supply the Platform for domestic and private use. You agree not to use the Platform for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. 12.3. We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
12.3.1. use of, or inability to use the Platform;
12.3.2. use of or reliance on any content displayed on the Platform.
12.4. We will not be liable for any loss or damage caused by a virus, distributed denialof-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Platform or to your use or download of any content on it, or any website linked to it.
12.5. Nothing in these Conditions shall limit or exclude our liability for:
12.5.1. death or personal injury resulting from our negligence;
12.5.2. fraud or fraudulent misrepresentation; and
12.5.3. any other liability that cannot be excluded or limited by English law.
13. Communication between us
If you wish to contact us in writing, or if any of these Conditions requires you to give us notice in writing, you can send this to us by e-mail to firstname.lastname@example.org. We will confirm receipt of this by e-mail.
If you have a problem accessing the Platform or any questions on use of the Platform, you can access the "help" and "community help forum" sections of the Platform, or submit a question to us via the Platform.
If you cannot access the Platform at all, you can also email us at email@example.com
14. How we use your data
14.1. This condition sets out the basis on which any personal data we collect from you, or that you provide to us (including any personal data of Boys Brigade members in respect of whom you are a parent, guardian or leader) may be used and processed by us. Please read this clause carefully to make sure you understand how we will treat your personal data. By agreeing to these Conditions, you are accepting and consenting to our use of your data described in this Condition 14.
14.2. For the purposes of the Data Protection Act 1998 ("the Act"), the data controller is The Boys Brigade.
14.3. The Boys Brigade ("We") are committed to protecting and respecting your privacy.
14.4. Information that you might upload to the Platform, may relate to other members of the Boys Brigade, including children and young adults. By uploading information about these individuals, as parents/guardians, you consent to the processing of their information by us, and by leaders, OYM and GoCardless. Such data may also be shared with SMS providers, in particular to allow them to send text messages to you. The data may also be aggregated for internal purposes, provided that all aggregated data will be anonymised.
14.5. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it. By visiting https://obm.boysbrigade.org.uk you are accepting and consenting to the practices described in these conditions.
14.6. We may collect and process the following data about you:
Information you give us. You may give us information about you and Boys Brigade members (including children and young adults for whom you are responsible) through the applications available to you on the Platform or by corresponding with us by phone, e-mail or otherwise. This includes information you provide when you register to use our site, subscribe to our service, use the Platform (including use of the Platform to make payments), participate in discussion boards or other social media functions on the Platform. The information you give us may include the name, address, e-mail address, phone numbers, financial and credit card information, personal description and photographs.
Information we collect about you. With regard to each of your visits to the Platform we may automatically collect the following information:
* technical information, including the Internet protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform;
* information about your visit, including the full Uniform Resource Locators (URL) clickstream to, through and from our site (including date and time); products you viewed or searched for; page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page and any phone number used to call our customer service number.
Information we receive from other sources. We may receive information about you if you use any of the other websites we operate or the other services we provide. In this case we will have informed you when we collected that data that it may be shared internally and combined with data collected on the Platform. We are also working closely with third parties (including, OYM, GoCardless and for example, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers, credit reference agencies) and may receive information about you from them.
14.8. We use information held about you in the following ways: Information you give to us. We will use this information:
* to carry out our obligations arising from any contracts entered into between you and us and to provide you with the information, products and services that you request from us;
* to provide you with information about other goods and services we offer that are similar to those that you have already purchased or enquired about;
* to notify you about changes to our service;
* to ensure that content from our site is presented in the most effective manner for you and for your computer.
Information we collect about you. We will use this information:
* to administer our site and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
* to improve our site to ensure that content is presented in the most effective manner for you and for your computer;
* to allow you to participate in interactive features of our service, when you choose to do so;
* as part of our efforts to keep our site safe and secure;
* to measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you;
* to make suggestions and recommendations to you and other users of our site about goods or services that may interest you or them.
Information we receive from other sources. We may combine this information with information you give to us and information we collect about you. We may use this information and the combined information for the purposes set out above (depending on the types of information we receive).
14.9. We may share your personal information with 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.
14.10. We may share your information with selected third parties including:
* Business partners, suppliers and sub-contractors for the performance of any contract we enter into with them or you. In particular, we will share your information with OYM, who operate the Platform for us under contract, and any third party payment provider who administer payments on our and your behalf through the Platform (including but not limited to GoCardless)
* Advertisers and advertising networks that require the data to select and serve relevant adverts to you and others. We do not disclose information about identifiable individuals to our advertisers, but we may provide them with aggregate information about our users (for example, we may inform them that 500 men aged under 30 have clicked on their advertisement on any given day). We may also use such aggregate information to help advertisers reach the kind of audience they want to target (for example, women in SW1). We may make use of the personal data we have collected from you to enable us to comply with our advertisers' wishes by displaying their advertisement to that target audience
* Analytics and search engine providers that assist us in the improvement and optimisation of our site.
14.11. 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 The Boys Brigade 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.
14.12. If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply these Conditions and other agreements; or to protect the rights, property, or safety of The Boys Brigade, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction. 14.13. Where we store your personal data
* All information you provide to us is stored on our secure servers. Any payment transactions will be encrypted. The terms of encryption can be reviewed in the third party payment providers' terms and conditions.
* 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 site; 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.
14.14. Your rights
* 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 firstname.lastname@example.org
* Our site 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.
14.15. 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.
14.16. Any changes we may make to the privacy terms in this condition 14 in the future will be posted on this page and, where appropriate, notified to you by e-mail. Please check back frequently to see any updates or changes.
15. Other important terms
15.1. We may transfer our rights and obligations under these Conditions to another organisation, but this will not affect your rights or our obligations under these Conditions.
15.2. You may only transfer your rights or obligations under these Conditions to another person if we agree in writing.
15.3. If we fail to insist that you perform any of your obligations under these Conditions, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
15.4. Please note that these Conditions are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction.
Last updated: 05/09/2016