Terms and Conditions

1.Terms and Conditions

1.1 This Website is provided by Chelmsford Community Radio C.I.C whose address is Moulsham Mill, Parkway, Chelmsford, Essex, CM2 7PX ("CCR" or "we" or "us"). These terms and conditions govern your use of this website, including your use of any materials, information and services which may be made available to you from this website.
1.2 By using the CCR site you accept and agree to be bound by these terms and conditions. If you do not agree to these terms and conditions, you may not use this website.
1.3 We may amend these terms and conditions at any time by posting such changes on the website. It is your responsibility to familiarise yourself with these terms and conditions regularly to ensure that you are aware of any changes. Your continued use of this website following the posting of any such changes will constitute your acceptance of the revised terms and conditions.

2 Disclaimers and Liability

2.1 Chelmsford Community Radio C.I.C has used all reasonable care and skill in creating the website and collating, creating and publishing the information on this website but makes no guarantee or warranty as to the accuracy of this information, that this information will meet individual requirements or that the website will be uninterrupted, secure, error-free, or free of viruses or other harmful components.
2.2 This website is provided for information and guidance only.
2.3 This website and the materials published or posted on this website are intended for use by members of CCR only.
2.4 You acknowledge and agree that Chelmsford Community Radio C.I.C will not be liable to you or any person for any claims, losses or damages (whether direct, indirect or consequential) that may arise from your use of this website or any materials or information published on this website, except to the extent that such liability cannot be excluded by law.
2.5 Save as precluded by law, Chelmsford Community Radio C.I.C will not be liable to you for any indirect, incidental or consequential damages or expenses arising from breach of contract, tort or otherwise in connection with these terms and conditions, this website and/or the content posted by you (including but not limited to any loss of data, damage to goodwill or reputation, business interruption or wasted expenditure) howsoever arising out of your use of this website even if we have been advised of (or know or should have known of) the possibility of such damages).
2.6 This website and the content of this website are provided on an "as is" and "as available" basis. Other than expressly set out in these terms and conditions, Chelmsford Community Radio C.I.C makes no representations or warranties, express or implied, including any warranties of accuracy, currency, timeliness or fitness for a particular purpose. To the extent permitted by law, we expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
2.7 Indemnity by Platform User (the User)
The User shall indemnify CCR and keep Chelmsford Community Radio C.I.C indemnified, from and against any and all loss, damage or liability whether criminal or civil suffered and legal fees and costs incurred by the Chelmsford Community Radio C.I.C because of any neglect or default of the user or his agents, employees, licensees or customers in connection with use of the platform or the business that may be conducted on the platform or any other reason so long as the loss, damage, liability, fees or costs resulted from use of the Platform the and was not due to any default of the Chelmsford Community Radio C.I.C.
2.8        Indemnity by Chelmsford Community Radio C.I.C
Chelmsford Community Radio C.I.C will indemnify the User, and keep them indemnified, from and against any and all loss, damage or liability whether criminal or civil suffered and legal fees and costs incurred by the User in the course of using the Platform for the designated Services because of:   

2.8.1     any act neglect or default of Chelmsford Community Radio C.I.C or their agents, employees, licensees or customers;

2.8.2     the proven infringement of the intellectual property rights of the User;

2.8.3     any successful claim by a third party alleging libel or slander in respect of any matter arising from the conduct of the Services for which the Platform may be used;

provided that such liability has not been incurred by the User through any default by them in carrying out the terms of this agreement.

3. Access to the Website and Content

3.1 Access to this website is permitted on a temporary basis and we reserve the right, from time to time without notice, to: suspend, restrict or terminate access to any part of this website; and change, modify, substitute or remove any information or content on the website.
3.2 We shall not be liable if for any reason this website, or the content of this website, or any other site to which it links, is not available for any reason. 

4. Rights and Use of the Website

4.1 Chelmsford Community Radio C.I.C and its licensors retain all rights, title and interest in and to this website and the information and materials published or posted on this site. These works are protected by intellectual property rights and all of Chelmsford Community Radio C.I.C's copyright is protected by crown copyright. Your use is governed by applicable law and is restricted as set out in these terms and conditions. For further details see also the "Copyright Statement", below.
4.2 You may access and print or download extracts of information and materials contained on this website ("Materials") for your own personal reference, but you may not (and shall not allow others to): sell, transfer, sub-licence, distribute, reproduce, modify, alter or create derivative works from the Materials; or remove or alter any proprietary notices from or embedded within the Materials.
4.3 You shall not (nor allow others to): breach or attempt to breach the security of this website; modify, decompile, reverse engineer, decrypt, circumvent or otherwise interfere with or alter this website, any software or code that forms part of this website or any of the materials; use this website in any way which may cause the website or access to the website to be interrupted, damaged or impaired; or use this website to knowingly transmit any data, or send or upload any material that contains viruses, trojans, worms, logic-bombs or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
4.4 The trade marks, graphics and logos used on or in connection with this website (other than those freely available to all organisations) belong to Chelmsford Community Radio C.I.C and its licensors. You are granted no rights to use such marks and any unauthorised use is strictly prohibited.
4.5 All rights not expressly granted in these terms and conditions are reserved to Chelmsford Community Radio C.I.C and its licensors.
4.6 Users and contributors must be aware that certain sites, applications, feeds, etc, may be closed for a defined period (purdah) before local and national elections to comply with current legislation. 

5. Privacy

5.1 Any information you submit through this website will be used in accordance with the privacy policy, below.

5.1.1 Privacy statement
5.1.2 Chelmsford Community Radio C.I.C is committed to preserving the privacy of all visitors to this website. Please read the following privacy policy to understand how we use and protect the information that you provide to us.
5.1.3 By using this website you consent to the collection, use and transfer of the information that you provide to us in accordance with the terms of this policy. Chelmsford Community Radio C.I.C reserves the rights to change the contents of this website, including this privacy policy at any time, by posting such changes on the website. It is your responsibility to familiarise yourself with this policy regularly to ensure that you are aware of any changes. Your continued use of this website following the posting of any such changes will constitute your acceptance of the revised privacy policy.
5.1.4 If you do not accept this privacy policy, you may not use this website.

5.2 GDPR - Data collection

5.2.1 When you register with the website, or if you fill in a form on the website, you may be asked to provide information about yourself (including your name and contact details). This is your 'Personal Data'.

5.2.2 We are collecting this data because we have a legitimate interest to do so, in order to provide you with access to the tools and systems that you need to use when participating as a member of the radio station. Without access to these tools and systems you cannot actively participate in training, presenting a show or participating in events. The data we collect allows us to run those systems and maintain your membership. 

5.2.3 You have some fundamental rights regarding our use of your data:

  • The right to be informed about how and when we will use your data
  • The right of access to your data to see what information we hold
  • The right to rectification if there is an error in your data
  • The right to erasure if you decide to leave CCR
  • The right to restrict processing to only the activities that are essential in maintaining your membership
  • The right to data portability so that you can take your data with you when you go, or ask that it is passed to a different organisation who requires the same data
  • The right to object to how we use your data
  • Rights in relation to automated decision making and profiling if we use any within our systems.

5.2.4 We may also collect information about your usage of this website as you and others browse and use our website (see section on "cookies" below), as well as information about you from messages you post to the website and emails or letters you send to us. 

5.3 Data Retention

5.3.1 Chelmsford Community Radio C.I.C will retain the personal information provided by you for as long as you remain a member of the radio station and for as long as is reasonable after you leave for the purposes of providing portability and continuity for you. We will remove your data as soon as we can once you leave the organisation.

5.3.2 If you request that we delete your data then we will no longer process it for any reason, and you will be terminating your membership to CCR.

5.4 Disclosure of information

5.4.1 The information you provide to us will be held on our computers, or the computers of one or more of our suppliers. The data we collect from you may be transferred to, and stored at, a destination inside the UK. By submitting your personal data, you agree to this transfer, storing and processing. Chelmsford Community Radio C.I.C will take steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.
5.4.2 We may optionally pass information on the usage of our website onto third parties, but this information and any information derived from it will only be used by that third party to analyse usage of the site and report back to Chelmsford Community Radio C.I.C, for example to track and report user activity on the website via google analytics.
5.4.3 We may disclose personal information in response to legal process, for example in response to a court order. We may also disclose such information in response to a law enforcement agency's request or where we believe it is necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, non-compliance with our terms and conditions of use, or as otherwise permitted or required by law and consistent with legal requirements.

5.5 Cookies 

A cookie is a small piece of information held in a text file and stored on your computer by this web site in order to make your use of the site simple and unobtrusive and help us understand how the site is used. It is often a unique string of numbers or a set of letters in a text file that takes up very little space. It is stored by your web browser in a special folder for temporary internet files. 
The CCR site uses two types of cookies. The first (called a “session cookie”) is one that is stored only for as long as you visit the site and is then automatically deleted the moment you log out and navigate to a different web site. It helps us identify who you are and therefore show you the information relevant to you, such as courses you are enrolled in or communities you are taking part in.  The second type of cookie is for analytics. It tells us what your web browser is and how long you spent on a page. This also helps us understand whether you are a unique visitor and better understand how the system is being used. From this we can refine the software to improve your experience when using it.
In a recent change to EU law we require you to give consent to allow us to continue using these cookies. If you agree, please click on the 'accept' button at the bottom of these terms and conditions and then proceed. If you do not wish to give your consent the system will not work for you, and so we will not be able to log you in. In this case, click on 'refuse' and you will be taken to the log in page.

5.6 Web Server Log Files

5.6.1 Internet Protocol (IP) addresses are used by your computer every time you are connected to the Internet. 
5.6.2 Your IP address is a number that is used by computers on the network to identify your computer. IP addresses are automatically collected by our web servers so that data (such as the web pages you request) can be sent to you. 
5.6.3 Web server log files are used to record information about our site, such as system errors. CCR also uses log files to monitor site traffic. Log files do not contain any personal information or information about which other sites you have visited.

5.7 Security

5.7.1 Whilst we employ security measures to protect the information provided by you, the transmission of information via the Internet cannot be completely secure and Chelmsford Community Radio C.I.C cannot guarantee the security of your data transmitted to our site and any transmission is at your own risk. 
5.7.2 Once we have received your information, we will use appropriate security procedures and features aimed at preventing any unauthorised access, unlawful processing, accidental loss, destruction or damage. 

5.8 Accessing and updating your information

5.8.1 You are entitled to see a copy of the information that we have collected from you and that we maintain. For convenience, your 'User Dashboard' will contain a copy of the data you have provided, and details of any financial transactions that you ahve made. If you wish more information please email us at directors@chelmsfordcommunityradio.com. You may ask us to make changes to the information provided by you and/or held about you, to ensure that it is accurate and kept up to date. You may also request that we cease from processing your personal information and that we delete this from our database or records. Please note that it may be impossible to completely delete your information because of back-ups and records of deletions. 

5.9 We will only perform the activities outlined above to the extent that such activities will not compromise privacy, security or any other legal interests.
5.10 Links to external sites This website may contain links to other websites. This privacy policy applies only to this website, so when you are moving to another site which collects personal information you should always read the privacy policy relating to that website. For the avoidance of doubt, we do not pass on any personal information you have given us to any other website operators, but will provide you with your personal data so that you may pass it on to whoever you need.
5.11 Contact For all comments, queries and other requests relating to our use of your information, please email the appropriate part of the organisation as listed on our Contact Us page or notify us in writing by contacting: Chelmsford Community Radio C.I.C, Moulsham Mill, Parkway, Chelmsford, Essex, CM2 7PX. 

6 Your Information

6.1 As a user of this website you will need to set up and maintain an account by providing an individual email address user name and password. You are solely responsible for keeping your password confidential and secure at all times. You should notify the service help desk immediately if you become aware of any unauthorised access to your account. In no event shall Chelmsford Community Radio C.I.C be responsible for any loss you may suffer as a result of any misuse of your account and/or password.
6.2 Unauthorised access or using someone else’s login is prohibited.  
6.3 You agree to provide current, complete and accurate information required to complete your account registration and at other times as may be required in the course of using this website ("registration data"). You further agree to maintain and update registration data as required to keep it current, complete and accurate. If any information you provide is false, incomplete or inaccurate, Chelmsford Community Radio C.I.C or its suppliers are not responsible for any actions that result from this.


7. Acceptable Use

7.1 Users shall not use the website to view, download, save, receive, or send material related to or including:

  • Offensive content of any kind, including pornographic, lewd, obscene or offensive material
  • Promoting discrimination on the basis of race, gender, national origin, age, marital status, sexual orientation, religion, or disability
  • Threatening or violent behaviour or inflammatory language Illegal activities
  • Commercial messages
  • Messages of a religious or political nature (with the exception of permitted trade union use) or racial nature Gambling Sports and entertainment
  • Personal financial gain
  • Forwarding e-mail chain messages, jokes, or cartoons etc.
  • Spamming e-mail accounts from the organisation's e-mail services or other machines
  • Material protected under copyright laws
  • Sending confidential information by e-mail (unless encrypted) or over the Internet
  • Opening files received from the Internet without performing a virus scan
  • Tampering with your organisations corporate identity in order to misrepresent yourself and/or the organisation to others.

7.2 You are responsible for the information posted on the website under your username and password. All material which you contribute to the website through the Interactive Services must be accurate, complete and up to date (where they state facts) or genuinely held (where they state opinions). You are responsible for ensuring that any information posted is updated where necessary.
7.3 Chelmsford Community Radio C.I.C cannot guarantee that any material you contribute to the website will be secure or free from interception from third parties.
7.4 Chelmsford Community Radio C.I.C will endeavour to remove any content available through the Interactive Services which causes or is likely to cause offence as soon as reasonably practical after we have been made aware of this. If you wish to make a complaint with regard to any content, please contact the website administrator.

8. Third Party Service and Links

8.1 This website may contain links to third party websites. These links are provided for convenience only and, to the fullest extent permitted by law, Chelmsford Community Radio C.I.C does not accept any responsibility for these websites, nor for any materials or information available from those sites.
8.2 This website may contain material relating to third party products and services. Reference to these third party products and services is for convenience only and is not an endorsement, invitation or recommendation by Chelmsford Community Radio C.I.C to use or buy any of the products and services featured. Chelmsford Community Radio C.I.C is in no way involved in the supply of such products or services, which shall be governed by the terms and conditions which you agree independently with that third party.
8.3 Any liability that may arise out of any transaction you may enter into with a third party is your own responsibility which you undertake at your own risk.

9 Suspension and Termination

9.1 Without any liability or further obligation of any kind whatsoever to you or any other party, Chelmsford Community Radio C.I.C may terminate or suspend your use of and registration on this website at any time, with reasonable cause (including but not limited to your breach of these conditions or any inappropriate or unlawful behaviour on your part), in which event Chelmsford Community Radio C.I.C will notify you by email.
9.2 The provisions of clauses 2.7 (your indemnity to Chelmsford Community Radio C.I.C) and 7.8 (your licence to use any information posted) shall continue to apply after termination or suspension of your use of the website.

10 Third Parties

10.1 Except for Chelmsford Community Radio C.I.C's affiliates, directors, employees or representatives, a person who is not party to the contract shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of such contract.
10.2 This does not affect any right or remedy of any person which exists or is available otherwise than pursuant to that Act. 

11 Invalidity

11.1 If any of these terms and conditions are found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other terms and conditions which shall remain in full force and effect.
11.2 If any of these terms and conditions are found to be invalid or unenforceable but would cease to be invalid or unenforceable if some part of the provision were deleted, the provision in question shall apply with such modification as may be necessary to make such provision valid and enforceable.

12. Entire Agreement

12.1 These terms and conditions, together with our contact details and privacy policy, set out the whole of our agreement relating to your access to and use of this website.

13. Waiver

13.1 Our failure to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision.

14. Contact Details

14.1 If you require any further information, please contact Chelmsford Community Radio C.I.C at the address given above in section 5.11

15. Governing Law and Jurisdiction

15.1 These terms and conditions shall be governed by English law. You agree to submit to the exclusive jurisdiction of the courts of England and Wales in respect of any disputes which may arise in connection with this website.

Last modified: Wednesday, 14 February 2018, 1:30 AM