25 July 2002
IMPORTANT – PLEASE READ
WEBSITE TERMS AND CONDITIONS
THIS WEBSITE IS DIRECTED AT AND ONLY MEANT TO BE USED BY YOU FOR THE PURPOSE OF OBTAINING INFORMATION ABOUT LOST AND FOUND PROPERTY IN THE UNITED KINGDOM. THESE TERMS AND CONDITIONS APPLY TO YOUR USE OF THIS WEBSITE AND BY ACCESSING THIS WEBSITE AND USING THE FREE ONLINE SERVICES YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS AND CONDITIONS.
IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS DO NOT ACCESS OR USE THIS WEBSITE AND THE ONLINE SERVICES PROVIDED.
1 Definitions of words and expressions
In these Terms and Conditions unless inconsistent with the context or otherwise specified the following definitions will apply to words and expressions:
"Found Property" means items that are found by us and We display on the Website;
"Lost Property" means items that are lost and reported and displayed on the Website by You or us on your behalf;
"Services" means the content and services relating to Lost and Found Property provided via this Website;
"Terms and Conditions" means these terms and conditions and any additional terms and conditions or disclaimers with reference to or displayed on the Website whether by hypertext link or otherwise;
"We/us" means Surrey Police located at Surrey Police HQ, Mount Browne, Sandy Lane, Guildford, Surrey, England GU3 1HQ, and Virtual Bumblebee Organisations;
"Website" means this Virtual Bumblebee website located http://www.virtualbumblebee.co.uk or any subsequent URL used by us from time to time;
"You" means the person accessing and using this Website and the legal entity you represent during the course of employment or engagement by that entity;
"Virtual Bumblebee Organisations" means those organisations who have agreed with us to contribute in any way to the Website.
2 Virtual Bumblebee Service
2.1 The Services and this Website are subject to availability.
2.2 We reserve the right to withdraw any Services from this Website and to edit or remove any information or content on the Website at any time.
2.3 Using the Website to report and display Lost Property is your responsibility. We will take all reasonable precautions to prevent the display of inappropriate material.
2.4 The Website is not designed to record Stolen Goods. All Stolen items should be separately reported to the Police in the area in which the alleged theft occurred.
2.5 We will not add Found Property to the database if:
(a) the property is of minimal value;
(b) the property is common and indistinguishable from many similar identical items;
(c) the Property Officer is taking other more appropriate steps to trace ownership;
(d) public access to the information, materials or photographs could prejudice an investigation, amount to a breach of confidence, or cause severe embarrassment;
(e) the public display of such property would constitute an offence e.g. pornography;
(f) returning the property would cause an offence e.g. controlled drugs, offensive weapon, firearm;
(g) the Property Officer is unable to process the property due to excessive workload or equipment malfunction;
(h) the Officer in the case has indicated that the property is not to be displayed on the Internet;
(i) display of the property would be likely to compromise the security of people or premises.
3 Lost and Found Property
3.1 Lost Property may be reported to the Police via this Website either by the loser or through a third party. If the loser wishes, it may be made accessible for other parties to view (not including personal information subject to the Data Protection Act). The record will be maintained by the Police for a period of 7 years and will be displayed for a period not less than 1 year.
3.2 Found Property displayed via this Website will normally be displayed for a period of one month, except for bicycles three months, or such longer period that will have a reasonable prospect of locating the lawful owner. If such Found Property is not claimed within this period, We reserve the right to dispose of it as deemed appropriate in our reasonable discretion in accordance with applicable law.
3.3 It is an offence in any public advertisement of a reward for the return of goods, which have been stolen or lost and in the said advertisement use words to the effect that no questions will be asked OR the person producing the said goods would be safe from apprehension or enquiry OR any money paid for the purchase of the said goods would be repaid OR that any money advanced by way of loan on the said goods would be prepaid. Contrary to Section 23 Theft Act 1968.
3.4 Falsely claiming that You own property, or making false declarations to an insurance company may amount to a deception, which may amongst other offences be contrary to Section 15 Theft Act 1968.
3.5 It is an offence to undertake or assist in the retention OR removal OR disposal OR realisation of stolen goods OR buy or for the benefit of another dishonestly arranged so to do so, knowing or believing the same to be stolen goods.
3.6 It is also an offence to dishonestly arrange to receive stolen goods belonging to another knowing/believing them to be stolen goods. Contrary to Section 22 Theft Act 1968.
3.7 If You require further information on the law surrounding the sale and purchase of goods, it can be obtained from your local Trading Standards office or You may wish to consult with your local Citizens Advice Bureau.
4 Password Security
4.1 In order to register an interest or report an item lost through the Website You need to key in a password. You are responsible for keeping your personal password secure and confidential. If You believe that your password has become known to another person, then You must notify us as soon as possible. You should not share, display, disclose or permit your password to be disclosed to any other party.
4.2 You are responsible for use of the Services when access to the Services is obtained through the use of your login ID and password whether authorised or unauthorised.
4.3 You agree not to impersonate any other person or entity or use any false name or use any other person's login ID and password to access the Website.
4.4 You agree and warrant that You will implement and comply with the above procedures.
4.5 We reserve the right to withdraw login ID and passwords at any time without notice and in our sole discretion where We have reason to believe that such login ID and password have been discovered and/or used by any person or organisation other than You.
5 Decency and Respect
5.1 You agree not to use or permit another to use the Website:
(a) to upload or post email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another's privacy, infringes a third party's intellectual property rights, hateful, or racially, ethnically or otherwise considered by us in our absolute discretion to be objectionable or unlawful;
(b) to cause or introduce a software virus or other disruptive program;
(c) in any way that is not authorised by us or is in breach of the Terms and Conditions.
5.2 Without prejudice to any other rights, We reserve the right to suspend the provision of all or any part of the Service and/or block or remove any emails or other postings or content if We have reason to believe that such material is in violation of the Terms and Conditions.
6 Modifications and Variations
6.1 We reserve the right to:
(a) modify or withdraw this Website (or any part) at any time without notice; and/or
(b) amend or change the Terms and Conditions from time to time. It is your responsibility to read the Terms and Conditions before using the Services.
7 Intellectual Property Rights
7.1 You are granted a limited licence to access and use this Website solely for the purposes of use connected with the Services. All contents of this Website including, but not limited to, the text, graphics, links and sounds are owned by us or our third party licensors and may not be copied, downloaded, distributed or published in any way without our prior written consent, except that You may print, copy, download or temporarily store extracts for your personal information or when You use the Services.
7.2 You are not permitted to use any trademarks or service marks whether registered or unregistered of Surrey Police or other Virtual Bumblebee Organisations without our prior written consent. You may not frame or utilise framing techniques that include any proprietary information such as images, text or page layout without our prior written consent. You may not use any "metatags" or any other type of hidden text that uses any trade marks or service marks without our prior written consent.
7.3 The "Virtual Bumblebee" logo may be used by You royalty free with our written consent for related purposes, provided that such usage does not alter or bring the logo into disrepute or is otherwise in our sole discretion detrimental to Virtual Bumblebee or the Services and an accreditation is shown to "Virtual Bumblebee".
7.4 You agree not to copy, modify, download (other than page caching), store or sell any part of this Website without our prior written consent.
7.5 Any information provided by this Website, including but not limited to any Lost Property or Found Property details, may not be disclosed, reproduced, copied or sold for any commercial purpose other than for obtaining the Services via this Website.
7.6 In relation to any information, materials or other content that You submit to us via this Website, You grant us a non-exclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use and reproduce such information, ideas, know-how, concepts, techniques and materials for any purpose, including without limitation, the copying, transmission, distribution and publication unless restricted by applicable law. You represent and warrant that You own or otherwise control all of the intellectual property rights and information, materials or other content that You submit or post via this Website.
8 Data Protection and Privacy
8.1 You agree that any and all personal information and data collected from You via this Website was part of the Services from time to time and may be used in accordance with our current Data Protection and Privacy Statement.
8.2 You warrant that the personal information You provide to us is true, accurate and complete in all respects and You will notify us immediately if there is any change in the personal information that You have supplied to us.
9.1 WE MAKE EVERY REASONABLE EFFORT TO PROVIDE ACCURATE, COMPLETE AND UP-TO-DATE INFORMATION ON THIS WEBSITE. HOWEVER, THE WEBSITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE DO NOT MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND EXPRESS OR IMPLIED REGARDING THE CONTENTS OR AVAILABILITY OF THE WEBSITE OR SERVICES.
9.2 USE OF THE WEBSITE AND ITS RELATED SERVICES ARE AT YOUR SOLE RISK. WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE HOWSOEVER ARISING AS A RESULT OF YOUR USE OR RELIANCE ON THE WEBSITE OR SERVICES TO THE MAXIMUM EXTENT PERMITTED BY LAW.
9.3 WE EXCLUDE ALL WARRANTIES, CONDITIONS, TERMS, UNDERTAKINGS AND REPRESENTATIONS (EXCLUDING FRAUDULENT MISREPRESENTATION) OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE IN CONNECTION WITH THE SERVICES AND THE WEBSITE TO THE FULLEST EXTENT PERMITTED BY LAW.
9.4 WE WILL EXERCISE ALL REASONABLE CARE IN THE SELECTION AND DISPLAY OF FOUND PROPERTY ON THE WEBSITE BUT CANNOT ACCEPT LIABILITY IF CIRCUMSTANCES PREVAIL WHICH CAUSE FOUND PROPERTY TO BE DISPOSED OF OTHERWISE THAN TO THE LAWFUL OWNER.
9.5 DUE TO THE NATURE OF THE INTERNET, WE CANNOT GUARANTEE THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR THAT ANY E-MAILS OR OTHER ELECTRONIC TRANSMISSIONS WILL BE SENT TO YOU OR RECEIVED BY US OR THAT THE CONTENT OF SUCH TRANSMISSIONS WILL BE SECURE DURING TRANSMISSION.
9.6 ANY SOFTWARE DOWNLOADED FROM THIS WEBSITE OR AS PART OF THE SERVICES IS AT YOUR OWN RISK AND WE DO NOT ACCEPT LIABILITY FOR ANY DIRECT OR INDIRECT LOSS OR DAMAGE HOWSOEVER CAUSED AS A RESULT OF ANY COMPUTER VIRUSES, BUGS, TROJAN HORSES, WORMS, SOFTWARE BOMBS OR OTHER SIMILAR PROGRAMS ARISING FROM YOUR USE OF THIS WEBSITE. WHILST WE WILL DO OUR BEST TO ENSURE THAT THE WEBSITE IS FREE FROM SUCH DESTRUCTIVE PROGRAMS, IT IS YOUR RESPONSIBILITY TO TAKE REASONABLE PRECAUTIONS TO SCAN FOR SUCH DESTRUCTIVE PROGRAMS.
9.7 ANY HYPERLINKS TO THIRD PARTY SITES PROVIDED VIA THIS WEBSITE EXIST FOR INFORMATION PURPOSES AND YOUR CONVENIENCE ONLY AND WE DO NOT ENDORSE THE CONTENT OF SUCH SITES. WE ARE UNABLE TO ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE ARISING DIRECTLY OR INDIRECTLY FROM THE CONTENT OF SUCH SITES.
10.1 You agree to fully indemnify, defend and hold us harmless immediately upon demand from and against all actions, liability, claims, losses, damages, costs and expenses (including legal fees) We incur arising directly or indirectly as a result of your breach of these Terms and Conditions.
11 General Information
11.1 You may not use any part of the Website on any other website or link to the Website without our prior written consent.
11.2 We reserve the right to transfer or assign all or any of our rights and duties and responsibilities set out in these Terms and Conditions to another party.
11.3 Headings have been included for convenience only and will not be used in construing any provision of these Terms and Conditions.
11.4 No delay or failure by us to exercise any powers, rights or remedies under these Terms and Conditions will operate as a waiver of them nor will any single or partial exercise of any such powers, rights or remedies include any other or further exercise of them.
11.5 To the extent permitted by applicable law, these Terms and Conditions will be construed in accordance with and governed by the laws of England and each party agrees to submit to the exclusive jurisdiction of the courts of England.
Copyright © 2002 Virtual Bumblebee. All Rights Reserved.
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