MONTE SAN MARTINO TRUST

TERMS AND CONDITIONS

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE

Welcome to www.msmtrust.org.uk and https://archives.msmtrust.org.uk/ (together and separately “the Website”).
We are delighted by your interest in the Monte San Martino Trust and its archives of escape accounts from Italian prisoner of war camps during World War II. They tell a remarkable story of the bravery and endurance of the escapers, and the courage and generosity of the Italian people who helped them. Please note that the escape accounts and the information they contain may only be used in accordance with and subject to these Terms and Conditions (as updated from time to time).
In these Terms and Conditions the definitions shall have the meaning shown in the Glossary at clause 12 below.

1. Introduction
   1.1 If you use the Website, you must comply with these Terms and Conditions (as updated from time to time) – if you do not agree with these Terms and Conditions, you must not use the Website.
   1.2 By using the Website, you confirm that you accept these Terms and Conditions and that you agree to comply with them. If you do not agree to these Terms and Conditions, you must not use the Website.
   1.3 We recommend that you print a copy of these Terms and Conditions for future reference.
   1.4 There are other terms that may also apply to you. These Terms and Conditions refer to our Privacy and Cookies Policy (https://msmtrust.org.uk/about-the-trust/privacy-and-cookie-policy/) which also applies to use of the Website (including our donation page).
   1.5 We may amend these Terms and Conditions from time to time. Every time you wish to use the Website, please check the most recent version of the Terms and Conditions to ensure you understand the terms that apply at that time.
   1.6 These Terms and Conditions were most recently updated on 27/06/2021.
   1.7 We do not represent that content available on or through the Website is appropriate for use or available in other locations (other than England and Wales), or that it complies with the law and regulations in these other locations.
2. Who we are and how to contact us
   2.1 The Website is operated by Monte San Martino Trust. We are a charitable company limited by guarantee, registered in England and Wales and regulated by Companies House (company number 05604293) and regulated by the Charity Commission (charity number 1113897) and our registered office is at Fletcher & Partners, Bridge Street, Salisbury, Wiltshire, SP1 2LZ.
   2.2 To contact us, please email [email protected].
3. Material and intellectual property rights on the Website
   YOUR PARTICULAR ATTENTION IS DRAWN TO THIS CLAUSE
   3.1 All material on the Website is under copyright (and/or are other forms of intellectual property rights), but we do not offer any warranties or guarantees about the ownership of, or rights to use, intellectual property rights (including copyright) in any of the materials on the Website and all such rights are reserved.
   3.2 You must satisfy yourself that you have the right to use the intellectual property rights in any materials on this Website in accordance with these Terms and Conditions, the law applicable to the use of intellectual property rights, and any conditions of the relevant intellectual property right’s owner. Monte San Martino Trust does not authorise any use of third party intellectual property rights. You are responsible for ensuring that intellectual property rights are not infringed and any infringement that occurs is your sole responsibility.
   3.3 You acknowledge that you have no rights in or to any of the materials on the Website, other than the right to use the Website as set out in these Terms and Conditions. For the avoidance of doubt, you have no rights in or to the intellectual property rights in or to any of the materials on the Website and no such rights will be created by your use of the Website.
   3.4 Subject to the other provisions of this clause 3, no content from the Website may be copied, used, reproduced, republished, downloaded, posted, broadcasted, transmitted or otherwise used without our written consent, except that consent will not be required where it is used for non-commercial use (provided it is not published or shared with any third parties).
   3.5 If you wish to request the use of any intellectual property rights (including copyright) in any of the materials on the Website for commercial purposes, please submit your request to [email protected].
   3.6 You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.
   3.7 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
   3.8 Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
   3.9 You must not use any part of the content on our site for commercial purposes without obtaining all appropriate consents and licences to do so from us, our licensors, or third parties that have ownership rights in the content (as applicable).
   3.10 If you print off, copy, or download any part of our site in breach of these Terms and Conditions. your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
   3.11 Any of our trade marks appearing on the Website (whether registered or not) are trade marks of Monte San Martino Trust. You are not permitted to use them without our approval and no licence to use any of our trade marks is granted under these Terms and Conditions.
4. Use of and reliance on information on the Website
   YOUR PARTICULAR ATTENTION IS DRAWN TO THIS CLAUSE
   4.1 We do not guarantee that the information contained in the Website is accurate, verified, complete, or up to date.
   4.2 We do not guarantee that any content or information on the Website complies with laws and regulations in any jurisdiction.
   4.3 We accept no liability if you or any person or organisation relies on or uses the content or information on the Website, which is provided for general information only and does not amount to advice on which you can rely. You must obtain professional or specialist advice (where relevant) before taking, or refraining from, any action on the basis of the content on our site.
   4.4 This Website and the information, articles, names, images, pictures, logos and other content on it are provided “as is” without any representation or endorsement made and without warranty of any kind (including on accuracy, legal compliance, or reliability) whether express or implied.
   4.5 We do not guarantee that the Website will be uninterrupted or error free, or that the Website or your use of it will be free of viruses or harmful material.
   4.6 You are responsible for ensuring that your computer is suitable to use the Website.
   4.7 You must not alter the Website in any way or do anything that might or will damage or disrupt good working order of the Website or our equipment or software.
5. Our responsibility for loss or damage suffered by you
   YOUR PARTICULAR ATTENTION IS DRAWN TO THIS CLAUSE
   5.1 To the extent legally possible and subject to condition 5.2:
   5.1.1 in no event will we be liable for any loss, liability, or damages howsoever arising from the use or in connection with use or loss of use of the Website (including but not limited to claims in contract or in negligence, indirect or consequential damages, loss of data, goodwill, reputation, or profits);
   5.1.2 you agree not to use our site for any commercial or business purposes (as the Website is only provided for private use), and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity; and
   5.1.3 we shall not be liable for any loss or damage caused or alleged to be caused by your use of another website or resource (including those linked from the Website). Any concerns regarding any external link should be directed to [email protected] immediately.
   5.2 If we are liable to you for any reason, our liability will be limited to £200. This limit does not apply to any liability we may have for death or personal injury resulting from our negligence, fraudulent misrepresentation, or other liability that cannot be legally excluded.
6. Links to other Websites
   6.1 We are not responsible for websites to which we link. Where the Website contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.
7. Rules about linking to the Website
   7.1 You may link to the home page of our Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
   7.2 You must not establish a link in such a way as to suggest any form of association, approval, endorsement, partnership, or other relationship between us and you where none exists.
   7.3 The Website must not be framed on any other site, nor may you create a link to any part of the Website other than the home page.
   7.4 We reserve the right to withdraw any linking permission without notice.
   7.5 If you wish to link to or make any use of content on the Website other than that set out in these Terms and Conditions, please contact [email protected].
8. How we may use your personal information
   8.1 We will only use your personal information as set out in our Privacy and Cookie Policy (https://msmtrust.org.uk/about-the-trust/privacy-and-cookie-policy/).
   8.2 You agree that any information you provide to us is true and accurate.
   8.3 Monte San Martino Trust takes reasonable steps to protect your personal information but where third parties are concerned accepts no liability for any misuse of your personal information by third parties and you therefore proceed at your own risk.
9. Technology and security
   9.1 We do not guarantee that our site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.
   9.2 You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs, malware, or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you may commit a criminal offence under the Computer Misuse Act 1990 and/or other applicable law. We reserve the right to 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 Website will cease immediately at the time of the breach occurring.
10. General
    10.1 We may update and change the Website from time to time without providing notice to you.
    10.2 We may update and change the Terms and Conditions from time to time.
    10.3 The Website is made available free of charge.
    10.4 We do not guarantee that the Website, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of the Website for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal but have no obligation to do so. We reserve the right to limit, in our sole discretion, the provision and quantity of any feature to any person or geographic area.
    10.5 You are responsible for ensuring that all persons who access the Website through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.
    10.6 We may assign, transfer, replace or subcontract any or all of our rights and obligations under these Terms and Conditions at any time.
    10.7 If any term of these Terms and Conditions is illegal, invalid or unenforceable for any reason, the remaining terms shall continue to be valid.
    10.8 Except in respect of a payment obligation to Monte San Martino Trust, neither you nor Monte San Martino Trust will be held liable for any failure to perform any obligation to the other due to causes beyond our reasonable control.
    10.9 Failure or delay by either party to enforce an obligation or exercise a right under these Terms and Conditions shall not be a waiver of that obligation or right.
    10.10 These Terms and Conditions do not confer any rights on any person or party (other than you and/or us) pursuant to the Contracts (Rights of Third Parties) Act 1999.
    10.11 These Terms and Conditions and your use of the Website are governed by English law and subject to the exclusive jurisdiction of the English Courts. These Terms and Conditions were written in English (UK). To the extent any translated version of these Terms and Conditions conflicts with the English version, the English version takes precedence.
    10.12 The most recently updated version of these Terms and Conditions (including the Privacy and Cookies Policy) constitutes the entire agreement between us and you and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to the subject matter of the Terms and Conditions.
11. Notices
    11.1 All contact or notices to be given in relation to these Terms and Conditions or your use of the Website shall be given:
    (a) to us via e-mail to [email protected]; or
    (b) to you, via these Terms and Conditions or an e-mail address that you confirm to us we may use for the purpose of contacting you.
    11.2 Notice will be deemed received when an e-mail is received in full or (if given via these Terms and Conditions) when it appears in the updated Terms and Conditions.
12. Glossary
    12.1 Wording throughout these Terms and Conditions shall be interpreted as follows:
    (a) “Monte San Martino Trust”, “our”, “we” or “us” mean Monte San Martino Trust as described in condition 2.1;
    (b) The “Privacy and Cookies Policy” refers to Monte San Martino Trust’s privacy and cookies policy at https://msmtrust.org.uk/about-the-trust/privacy-and-cookie-policy/;
    (c) “Terms and Conditions” refers to these Terms and Conditions, including the Privacy and Cookies Policy as updated or amended from time to time; and
    (d) The “Website” refers together and separately to www.msmtrust.org.uk and https://archives.msmtrust.org.uk/ and all webpages on these websites.
    (e) “You” and “your” mean each user of the Website.