Terms and conditions
In using this website you are deemed to have read and agreed to the following terms and conditions:
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements:
“User”, “You” and “Your” refers to you, the person accessing this website and accepting the Charity’s terms and conditions.
“The Charity”, “The Foundation”, “Ourselves”, “We” and “Us”, refers to our Organisation, the Elba Charitable Foundation.
“Party”, “Parties”, or “Us”, refers to both the user and ourselves, or either the user or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the user in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the user’s needs in respect of provision of the Charity’s stated services/products, in accordance with and subject to, prevailing English Law.
Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.
User records are regarded as confidential and therefore will not be divulged to any unauthorised third party, unless if legally required to do so to the appropriate authorities.
Users have the right to request sight of, and copies of any and all user Records we keep with regards to themselves, on the proviso that we are given reasonable notice of such a request. Users are requested to retain copies of any literature issued in relation to the provision of our services.
Where appropriate, we shall issue users with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties.
We will not sell, share, or rent your personal information stored on this website to any third party or use your e‑mail address for unsolicited mail. Any emails sent by this Charity will only be in connection with the provision of agreed services and products.
DISCLAIMER, EXCLUSIONS AND LIMITATIONS
The information on this website is provided on an “as is” basis. To the fullest extent permitted by law, this Charity:
- Excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Charity’s literature; and
- Excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Charity of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.
This Charity does not however exclude liability for death or personal injury caused by its negligence. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.
You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through this site.
Redistribution or republication of any part of this site or its content is prohibited,including such by framing or other similar or any other means, without the express written consent of the Charity.
The Charity does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability.
By using this service you thereby indemnify this Charity, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.
We use IP addresses to analyse trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use.
IP addresses are not linked to personally identifiable information.
Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL.
This information is not shared with third parties and is used only within this Charity on a need-to-know basis.
Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.
Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting.
LINKS TO THIS WEBSITE
If you create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.
LINKS FROM THIS WEBSITE
We do not monitor or review the content of other party’s websites which are linked to from this website.
Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites.
You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Charity will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
Copyright and other relevant intellectual property rights exist on all text relating to the Charity’s services and the full content of this website.
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen.
Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any agreement contained herein.
Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any agreement.
No waiver of any of the provisions of this or any agreement shall be effective unless it is expressly stated to be such and signed by both Parties.
The laws of The Netherlands govern these terms and conditions.By accessing this website you consent to these terms and conditions and to the exclusive jurisdiction of the Dutch courts in all disputes arising out of such access.
If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply.
Failure of the Charity to enforce any of the provisions set out in these Terms and Conditions and any agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these terms and conditions or of any agreement or any part thereof, or the right thereafter to enforce each and every provision.
These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of the Charity.
NOTIFICATION OF CHANGES
These terms and conditions form part of the agreement between the user and ourselves. Your accessing of this website and/or undertaking of a booking or agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.