Terms and Conditions
Where are you now? is part of London’s Air Ambulance Charity.
1. When you use London’s Air Ambulance Charity’s ‘Where are you now?’ Facebook page, you must accept the following Terms and Conditions (“Terms and Conditions”).
2.‘Where are you now?’ is operated by London’s Air Ambulance Charity whose charity number is 801013, whose registered office is at 77 Mansell Street, London, E1 8AN (the “Charity”).
Users
3. The person submitting their details is called a “User”.
4. A User can submit an entry (“Story”) for themselves on Facebook, or can submit on Facebook by another method agreed by the Charity.
5. A User submitting a Story on behalf of a third-party must first obtain their consent.
Data Capture and Ownership
6. Details from all Stories and Users will be collected and used for the purposes of the ‘Where are you now?’ campaign – including the website’s publicity aims and for other reasonable outcomes as determined by the Charity. By sharing their Story, the User consents to the use of their information in this way.
7. Any Data collected and processed by the Charity will be held in accordance with our Privacy Policy.
8. The User agrees to be contacted by the Charity to check that their first names and stories can be used for reasonable publicity and news purposes relating to the ‘Where are you now?’ campaign – in any and all media by the Charity.
9. Where a user has “opted in” to marketing communications, the User consents to the use of their personal data for direct marketing purposes by the Charity. We do not, however, sell or swap personal data.
10. After being submitted, all Stories become the Charity’s property and will not be returned to the User. By submitting a Story, Users consent to the Charity making copies of or publishing any part of their Story on the Charity’s website, the Charity’s Facebook page and User emails. The Charity can make use of the Story and any rights in relation to the Story for the purpose of reasonable publicity for ‘Where are you now?’ or for any other reasonable purposes.
11. Subject to Clause 7 the User agrees the Charity shall be entitled to share, promote, market and otherwise make use of any Story – in any manner across all media.
Stories
12. All Stories will be reviewed by the Charity after they have been published on the ‘Where are you now?’ Facebook page. Stories will be accepted at the absolute discretion of the Charity.
Warranty and Indemnity
13. By submitting a Story, the User warrants that their Story:
a. does not breach the intellectual property rights of any third party;
b. does not include (or link to) any content that breaks any law, infringes the rights of any person or is obscene, offensive, discriminatory, indecent or otherwise objectionable or inappropriate. Without limitation, Users must not include (or include a link to) any content that involves malice, swearing or which may be defamatory or in contempt of court;
c. has all appropriate permissions and consents to use any image submitted with a Story. For the avoidance of doubt, this means that the permission of the person who took the photograph is required.
14. If you submit a Story, you warrant that you have submitted your own details and that all of those details are truthful and accurate.
15. The User indemnifies and will keep the Charity indemnified against any loss, costs (including legal costs), expenses or liability suffered as a result of a breach by the User of the Terms and Conditions.
Monitoring and Removal of Stories or Comments
16. The Charity may reject or remove any Story or comment which we believe:
i. has been copied from elsewhere;
ii. infringes a third party’s rights;
iii. is defamatory, indecent, offensive, unlawful, obscene, threatening, pornographic, harassing, hateful, racially or ethnically offensive, promotes political positions or actions, encourages conduct that would be considered a criminal offence, give rise to civil liability, endangers public safety, violates any law or is otherwise inappropriate, or contains advertisements or solicitations of business, including but not limited to, logos and marketing slogans;
iv. includes false or misleading information which otherwise breaches these Terms and Conditions.
17. Social Media Pages means Facebook, Twitter, Instagram, LinkedIn and other websites.
18. The Charity will not monitor any Stories which are shared on a User’s Social Media Pages (including the Social Media Pages of the organisation represented by a User) or any comments posted on them. It is the User’s sole responsibility to monitor any content on their Social Media Pages related to the Story.
19. The Charity will monitor Stories posted on its own Social Media Pages and any comments posted on there. The Charity will make reasonable efforts to monitor any comments on its Social Media Pages related to the Stories – and will remove any comments or Stories at its sole discretion.
20. The Charity reserves the right to reject any Story. The Charity’s decisions are final and no correspondence will be entered into.
21. The Charity accepts no liability for any non-compliance with these Terms and Conditions, or for Stories or comments which are removed by the Charity.
General
22. These Terms and Conditions are governed by English Law and shall be subject to the exclusive jurisdiction of the English courts.
23. The Charity may vary these Terms and Conditions at any time. Any amendments or cancellations to these Terms and Conditions will be posted through a clear link on the ‘Where are you now?’ Facebook Group page, and your continued participation in sharing your Story will constitute acceptance of the revised Terms and Conditions. If you do not accept the revised Terms and Conditions, it is your responsibility to notify the Charity immediately.
24. The Charity may, in circumstances beyond their control, terminate, modify or suspend the ‘Where are you now?’ campaign.
25. Any costs associated with making a Story and accessing the Facebook page are the responsibility of the User.
26. If any court or competent authority finds that any provision of this agreement (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deleted. In addition, the validity and enforceability of the other provisions of this agreement shall not be affected.
27. If any invalid, unenforceable or illegal provision of this agreement would be valid, enforceable and legal if some part of it were to be deleted, the provision shall apply with the minimal number of changes needed to make it legal, valid and enforceable.
Limitation of Liability
28. Except for any liability that cannot by law be excluded, the Charity (including its respective officers, employees and agents) excludes all liability (including negligence), for any loss or damage (including loss of opportunity), direct or indirect or consequential, arising in any way out of the ‘Where are you now?’ campaign, a Story or the User's use of the ‘Where are you now?’ Facebook page or submission of a Story.
29. Nothing in these Terms and Conditions shall limit the Charity’s liability for death or personal injury caused by their employees’ or agent’s negligence or for fraud.
