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Introduction to the Terms and Conditions

Please note: The Let’s Listen and Talk website https://letslistenandtalk.org (“this website” or “our website”) is a service provided by The Elizabeth Foundation (“our”, “we” or “us”), a registered charity (no. 293835) and a company limited by guarantee (no. 1960980) based in Cosham, England. By registering to use this website, you agree to The Elizabeth Foundation contacting you for the purposes of providing this service and also to keep you informed about the charity's other services and activities supporting children with hearing loss. The Elizabeth Foundation will comply with the provisions of The General Data Protection Act 2018 (also known as GDPR) when processing, using and storing any personal information you provide when using this website. IMPORTANT: Your use of this website indicates that you agree to the following Terms and Conditions. If you do not agree to the Terms and Conditions, do not register to use the website. All content provided on this website is owned by The Elizabeth Foundation and we provide this content for information purposes only. Information on this website is subject to change without prior notice. Although we make every reasonable effort to present current and accurate information, we make or imply no guarantee of any kind as to the accuracy of the information. By using and accessing this website you agree to be bound by the following Terms and Conditions, and warrant that you have the legal authority to accept these Terms and Conditions. Please read these Terms and Conditions carefully before using this website. If you do not agree with these Terms and Conditions you should not use this website. You may not use the website for any purpose or in any manner that violates any UK law or regulation or the law or regulation of any other government.

Medical disclaimer

This website does not provide, and is not intended to constitute, medical advice. The contents of this website and the support provided by representatives of The Elizabeth Foundation are to be used for information purposes only. This website is not intended to be a substitute for professional medical advice, diagnosis or treatment. Always seek the advice of your doctor or other appropriately-qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on this website. Do not use this website for emergency medical advice or services. Nothing on this website is intended to constitute: (i) medical advice or counselling, (ii) the practice of medicine, including, without limitation, psychiatry, psychology, psychotherapy or the provision of health care diagnosis or treatment, (iii) the creation of a physician-patient or clinical relationship, or (iv) an endorsement, recommendation or sponsorship by us of any third party product or service.

Terms and Conditions of use

By using or accessing this website, you agree to be legally bound by these Terms and Conditions of use as they may be modified and posted on our website from time to time.

Nature of this website

This website provides information, courses and support to parents and other individuals caring for babies and young children with hearing loss from birth to around 5 years of age. This service is offered on a registration basis (the “Product”).

Content and services on this website

We provide the content (including, without limitation, text, graphics, illustrations, photographs, videos and other media) on this website for information purposes only. The information on this website is subject to change without prior notice. Whilst we make every reasonable effort to ensure that the information on the website is complete, correct and up-to-date, we cannot guarantee this and The Elizabeth Foundation shall not be held liable in any way whatsoever for any damages incurred as a result of your use of this website. The use of this website and services is solely at your own risk. The website and services are provided on an “as is” and “as available” basis. You understand and acknowledge that your sole and exclusive remedy with respect to any defect in or dissatisfaction with the website, content or services is to cease to use the website or services. The mention or display of specific organisations, or of certain manufacturers’ products on this website, does not imply that we endorsed or recommend them in preference to other organisations or products of a similar nature that we do not mention.

Availability of this website

We will try to make our website available but cannot guarantee that our website will operate continuously or without interruptions or be error free and we can accept no liability for its unavailability. You must not attempt to interfere with the proper working of our website and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, website, router or any other Internet connected device used in the delivery of this website.

Modifications to this website

We reserve the right to make changes or corrections, alter, suspend or discontinue any aspect of this website or the content, products or services available through it, including your access to it. Unless explicitly stated to the contrary, these Terms and Conditions will apply to any new features including new content and/or the sale of new products. Please note that although we try to ensure that the content of this website is as accurate as possible, it may contain typographical errors or other inaccuracies. Please make us aware (using the contact information below) of any mistakes or errors you notice on this website.

Applicability of content

Our website is controlled and operated by us from The Elizabeth Foundation’s registered offices in Cosham, England. We have taken all reasonable steps to ensure that our website complies with UK laws. We make no representations that the materials on our website are appropriate, or available, for use in locations outside the UK. Visitors to this website from other locations use this website and its content on their own initiative and are responsible for compliance with all applicable laws in their location. If you are not located in the the UK and your use of, and/or viewing of, this website, or use of any material or content on this website, or products offered through this website are contrary to, or infringe, any applicable law in your jurisdiction(s), you are not authorised to view or use our website and you must exit immediately.

Access to this website

Access to parts of this website requires login and password information provided by us when registering. To obtain a password, you must register with the website and provide the information requested in the registration process. The login and password are provided for the use of the designated person only and are not transferable. When you register for this website, you must choose a unique user name and provide a unique, valid e-mail address for verification purposes. Duplicate user names and e-mail addresses are not allowed, so if the name or address you enter is already in use, you will be prompted to choose another one. When choosing a user name, please bear in mind that in the future it may be displayed to other logged-in members of the website.

Password security

You agree that you will be responsible for keeping your password confidential and secure. You also agree that you will be responsible for any activity, loss or damage that occurs as a result of your enabling or permitting another person or entity to use your password. You agree to immediately notify us if (i) you lose your password or it is stolen, (ii) you become aware of any unauthorised use of your password or of any other breach of security related to this website, or (iii) you receive a login and password that belong to another person (in which case you are not authorised to use that login account). We are not responsible for any loss or damage arising from your failure to comply with the provisions of this section. Misuse of a login account, including, without limitation, unauthorised sharing of the login and password, may result, at our sole discretion, in cancellation of the user’s password and other remedies, and we shall have no liability to the user.

Opting-out

If you wish to opt-out of membership of this website you may contact us in writing (by post or by email) and have your login and password information inactivated.

Personal information - The Elizabeth Foundation's Data Protection Policy

For the purposes of these Terms and Conditions, personal information covers any data that enables us to identify you as an individual such as your name and email address. When you supply information to us, we are legally obliged by the General Data Protection Act 2018 (see below) to ensure that we only use any information you have provided for the purpose for which it was requested, and to ensure that we keep/store the data securely. We will never pass your details onto a third party without gaining prior consent. However, if required to do so by law, we may be required to disclose information about you,. Sometimes we may ask to share personal information regarding you, your family and your child in order to offer you the best support available from a range of agencies. We will only do this if you have given your explicit prior consent.

The General Data Protection Act 2018

The General Data Protection Act 2018 sets out what can and what cannot be done with personal data that is information about living individuals. The Elizabeth Foundation is placed under a legal obligation to comply with the provisions of this Act and is committed to a policy of protecting the rights and freedoms of individuals with respect to giving them a choice at to how their personal data is processed, used and stored.

Commitment to the protection of personal information

In order to function properly, The Elizabeth Foundation needs to collect and use certain types of information about staff, service beneficiaries and other individuals who come into contact with the charity in order to operate effectively. In addition, it is required by law to collect and use certain types of information to comply with the requirements of government departments - different LEAs, statutory and non-statutory funders and other bodies. This personal information must be dealt with properly however it is collected, recorded and used, and there are safeguards to ensure this in the General Data Protection Act 2018. The Elizabeth Foundation regards the lawful and correct treatment of personal information as very important to the successful and efficient performance of its functions and to maintaining confidence between those with whom we deal and ourselves. We ensure that The Elizabeth Foundation treats personal information lawfully and fairly.

Scope of the policy

The General Data Protection Act applies to electronic and paper records held in structured filing systems containing personal data, meaning data which relates to living individuals who can be identified from the data. This includes any expression of opinion about an individual and intentions towards an individual. It also applies to personal data held visually in photographs or video clips (including CCTV) or as sound recordings. The Elizabeth Foundation collects a large amount of personal data every year. This policy will be updated as necessary to reflect best practice in data management, security and control and to ensure compliance with any changes or amendments made to the General Data Protection Act 2018.

The principles of the policy

The principles may be summarised as follows, and are intended to make sure that the personal information of “data subjects” (the people about whom information is held) is handled properly. Under the principles, data must be:

• fairly and lawfully processed
• processed for limited purposes
• adequate, relevant and not excessive
• accurate
• not kept for longer than is necessary
• processed in line with the rights of data subjects
• secure
• not transferred to countries that are not able to ensure an adequate level of data protection

Individuals will have the following rights:

• right of access (to see what is being held about them)
• right to rectify (to be able to correct any incorrect information)
• right of erasure (to have their details removed – The Elizabeth Foundation only keeps data we are legally obliged to keep – for example for financial or Gift Aid purposes
• right to restrict processing (but not delete) ie individuals may choose what and how they would like information
• right of portability (to have their data transferred to another organisation if they wish)
• right to object to their data being held
• right not to be profiled for wealth screening or any other enhancement of data already held

Data Protection standards

The Elizabeth Foundation will, through appropriate management and adherence to agreed procedures:

• Individuals who have not given permission to be contacted after 25 May 2018 may be contacted if there is a legitimate interest to do so and in doing so The Elizabeth Foundation will adhere to the Information Commissioner's Office (ICO) published information and guidelines.
• observe fully the conditions regarding the fair collection and use of information
• meet legal obligations to specify the purposes for which information is used
• collect and process appropriate information, and only to the extent that it is needed to fulfil operational needs or comply with legal requirements
• make reasonable efforts to ensure the quality of information used
• apply checks to determine the length of time various types of information are held
• ensure that the rights of data subjects can be fully exercised under the Act, with reference to currently available guidance and good practice available from the Information Commissioner's Office and The Institute of Fundraising
• take reasonable and appropriate measures to safeguard personal information
• ensure that personal information is not transferred abroad without appropriate safeguards
• treat people justly and fairly whatever their age, religion, disability, gender, sexual orientation or ethnicity when dealing with requests for information
• use secure methods for communication containing sensitive information, particularly where an individual can be identified – all key education staff are registered on a secure website through NHS.net

Management arrangements

At The Elizabeth Foundation, the Board of Trustees we will ensure that:

• individuals can contact The Elizabeth Foundation’s Data Protection Officer (who is responsible for GDPR) by emailing fundraising@elizabeth-foundation.org
• a Privacy Notice will be available to download from The Elizabeth Foundation’s Website and written in plain English at https://elizabeth-foundation.org
• The Elizabeth Foundation’s data registration with the Information Commissioner is kept up to date
• appropriate terms and conditions about managing and handling personal information are included in staff contracts of employment
• guidance and training is made available to staff about Data Protection issues; using for instance, training materials produced by the Information Commissioner

Financial information

This website is a secure website (as indicated by its web address beginning with https:// and active SSL certificate). This means that any information you send using a form on this website is encrypted before being sent from your device (computer, tablet, smartphone or other web-enable device) over the Internet to this website’s server, so the information is transmitted securely.

Subscription / membership payments

We are currently waiving subscription fees for this service until further notice. To handle any future membership / subscription payments for this website, we may need to share your information with our service providers, associated organisations and agents. This website uses Stripe (https://www.stripe.com) to ensure any financial information is processed efficiently, securely and cost-effectively. We cannot, however, be held responsible for the privacy of personal information collected by these companies.

Access to your information

As an individual you may request to see any information that we hold about you. You must give written notification of the request (see contact details below), provide proof of identity and make a payment of £10. We will then respond within 40 days.

Cookies

Cookies are small pieces of information a website sends to your computer to be stored on your hard drive so that the website can recognise you when you next visit. The law states that we can store cookies on your machine if they are essential to the operation of this site but that for all others we need your permission to do so. By using this website you agree to these cookies being installed on your device. Please note: If you do not have cookies enabled for this website you may not be able to access all this website’s features or functions. See our Cookie Policy for further details (the contents of our Cookie Policy form part of these Terms and Conditions).

Copyright of content

International copyright laws and other intellectual property rights protect all contents of this website (including, but not limited to, written text, graphics, illustrations, photographs, and video materials). Unless specifically stated otherwise, the owner of these rights is The Elizabeth Foundation. All product and company names and logos mentioned in our website are the trademarks, service marks or trading names of their respective owners, including us. The information on this website is intended for individual, personal use. The content of this website may not be reproduced, copied, republished, transmitted, translated or otherwise modified or repurposed in any way and for any reason without our explicit, prior written approval. Any reference to the services or information on this website should be accompanied by an acknowledgement of The Elizabeth Foundation as the source.

Linked sites

Any links to information provided on external web sites are provided as a courtesy. You should not construe these links as an endorsement by us of the content or views of the linked materials. We make no representations whatsoever about any other websites provided by third parties that you may access through a link on this website, or which may link to this website. When you access any such website provided by another individual or organisation you understand that we have no control over the content or availability of that website. In no event shall The Elizabeth Foundation be considered responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance on, any such content, goods, or services available on or through any such site or resource. You should raise any concerns regarding any external link with the individual or organisation that provides it.

Liability

We will do our best to ensure the accuracy of all materials and information we publish on this website, but please note that we provide all content, materials and information on this website on an “as is” basis and you assume total responsibility and risk for your use of our website and use of all information contained within it. We accept no liability for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business (whether direct or indirect) in each case, however caused, even if foreseeable. In circumstances where you suffer loss or damage arising out of, or in connection with, the viewing, use or performance of our website or its contents, we accept no liability for this loss or damage (except where we have been negligent) whether due to inaccuracy, error, omission or any other cause and whether on the part of us or our servants, agents or any other person or entity. You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use our website and is compatible with our website. You also understand that we cannot and do not guarantee or warrant that any material that we may make available for downloading from our website will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements. The limitations and exclusions in this clause do not affect your non-excludable statutory rights and only apply to the extent permitted by applicable law. <!--

Online community

By using the forums (or any similar user-generated content) on this website, you agree to abide by our Community Guidelines. Forum content is generated by its individual members and solely reflects the personal views and opinions of those members - we do not control or endorse such content in any way. We take no responsibility for opinions expressed in forum areas of this website. The mention of a specific opinion in such areas of the site does not imply endorsement or recommendation by us. Any moderation of this content by our employees is to ensure that content posted meets our community guidelines. We publish in good faith all content which is posted by third parties that are not affiliated with or otherwise connected with us but in doing so we do not (to the extent permitted by applicable law) accept responsibility for the accuracy or otherwise of such content (whether published online or offline) and the use of such content. Any communications or material that you transmit to, or post on, any forum area of the site, including any data, questions, comments, suggestions, or the like, is, and will be treated as such, non-confidential and non-proprietary information. All content posted to the forum becomes copyrighted material of The Elizabeth Foundation. You agree that you will not post on this forum any copyrighted material without the express permission of the copyright holder, unless such copyright is owned by you.

Community guidelines

When posting content to the forums, you agree to meet the following criteria: Be friendly and positive – we provide this website to support families in helping their children with hearing loss reach their full potential. You can contribute to this by helping other users through friendly and positive reinforcement. Please do not criticise or get into arguments with other users. Do not use our forum to post any material, or links to any material, which is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person's privacy, or otherwise in violation of any law. Do not seek or provide medical advice or advice about ‘alternative’ or ‘natural’ therapies: While your child may have similar experiences, diagnosis or hearing loss as other user’s children, each child’s situation is unique. Seeking or offering medical advice on this website is strictly prohibited. Only a medical professional can provide medical advice and should not do so through this site. Do not name, endorse or criticise individual healthcare practitioners or organisations: To ensure the integrity of medical professionals and health care organisations, please refrain from using specific names on our forums. Instead, please use "my doctor", "my audiologist" or "my hospital" (or similar). Also do not endorse or criticise any specific named individual or organisation. Do not post commercial content or solicitations on the forum. Advertisements, chain letters, pyramid schemes, and solicitations are not permitted on these forums. This extends to individuals seeking donations of any kind, attempting to sell or exchange products, and attempting to drive traffic to their own websites or commercial ventures.

Moderation of forum content

We use moderators and administrators to monitor the content and appearance of messages posted in our forums. However, considering the real-time nature of this forum, there may be some delay in the content review by the moderators and administrators. Therefore, you agree that you will not hold us responsible for the contents, accuracy, completeness or validity of any information posted in the forum. We have the right to edit or delete any posts that contain content that does not follow the guidelines listed above. We reserve the right to edit or delete any message for any reason whatsoever, at our sole discretion. We retain the right to remove and/or ban from the forum any user who does not follow the guidelines. We reserve the right, in our sole discretion, to edit and/or remove posts perceived as objectionable by our members.

Notifying us of objectionable forum content

Any user who believes that a posted forum message is objectionable or does not follow our guidelines is encouraged to contact us immediately by e-mail at letslistenandtalk[at]elizabeth-foundation.org Upon receipt of such notification, we will make every effort to take such action as we deem appropriate within a reasonable period of time. Since this is a manual process, you are advised that we may not be able to remove or edit particular messages immediately.-->

General

We may assign, transfer, novate or subcontract any or all of our rights and obligations under these Terms and Conditions at any time. We may alter these Terms and Conditions from time to time and post the new version on our website, following which all use of our website will be governed by that version. You must check the Terms and Conditions on the website regularly. If any provision or term of these Terms and Conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other Terms and Conditions and shall be deemed to be deleted from them. The invalidity of such provision shall not affect the validity of the remaining provisions of the Terms and Conditions, which shall remain in full force and effect. These Terms and Conditions together with the privacy policy, any order form and payment method instructions, if any, are the whole agreement between you and us. You acknowledge that you have not entered into this agreement in reliance upon any statement, warranty or representation made by us or any other person and you irrevocably and unconditionally waive any rights to claim damages and/or to rescind these Terms and Conditions by reason of any misrepresentation (other than a fraudulent misrepresentation) that is not contained in the Terms and Conditions, privacy policy, order form and payment method instructions. These Terms and Conditions and your use of this website are governed by English law and you submit to the non-exclusive jurisdiction of the English court. Except in respect of a payment obligation, neither you nor The Elizabeth Foundation will be held liable for any failure to perform any obligation to the other due to causes beyond your or our respective reasonable control. Failure or delay by either party enforcing an obligation or exercising a right under these Terms and Conditions does not constitute a waiver of that obligation or right. 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.

Notices

All notices shall be given: to us in writing by post or by email (see contact information); to you in writing at either the e-mail or postal address you provide during the subscription process. Notice will be deemed received three days after the date of posting.

Contact information

The Elizabeth Foundation: Registered office: Southwick Hill Road, Cosham, Hampshire, United Kingdom, PO6 3LL. Email: letslistenandtalk[at]elizabeth-foundation.org Registered charity number 293835; Company registration number 1960980 Please note: Your use of this website indicates that you agree to the foregoing Terms and Conditions. If you do not agree to the Terms and Conditions, do not use the website.