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Terms and Conditions of Website Use

Terms and Conditions of Website Use

These terms and conditions (together with the documents referred to herein) set out the terms on which you may make use of our website cadw.gov.wales (hereinafter referred to as "our site"). By using our site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our site.

INFORMATION ABOUT US

Our site is operated by Cadw, the Welsh Government’s historic environment division ("we"). Cadw’s main place of business is Ty Afon Bedwas Road Caerphilly CF83 8WT.

INTELLECTUAL PROPERTY

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Most of the material featured on our site is subject to Crown copyright protection unless otherwise indicated. For guidance on the use of copyright subsisting in our site please see our Copyright Statement. The names, images and logos identifying the Welsh Government and/or Cadw are proprietary marks of the Welsh Government. Copying or use of the logo and/or any other third party logos accessed via this website is not permitted without prior approval from the relevant copyright owner.
Requests for permission to use any Welsh Government or Cadw branding should be directed to the Welsh Government Corporate Communications Branding Team:
E-mail: brandingqueries@gov.wales 
Tel: 02920 826860

ACCESSING OUR SITE

Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend any materials we provide on our site without notice. We will not be liable if for any reason our site is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms and conditions, and that they comply with them.

USE OF OUR SITE

When using our site you must comply with these terms and conditions. You also agree:
not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of these terms and conditions and/or our copyright statement and/or our privacy policy;
not to access without authority, interfere with, damage or disrupt:

 any part of our site;
 any equipment or network on which our site is stored; or
 any software used in the provision of our site.

You may use our site only for lawful purposes. You may not use our site:

(a) in any way that breaches any applicable local, national or international law or regulation;
(b) in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
(c) transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
(d) to knowingly transmit any data, send or upload any material that contains viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful.

You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will 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 our site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it. It is always wise for you to run an anti-virus program on all material downloaded from the Internet.

LINKING TO OUR SITE

We do not object to you linking directly to the information that is hosted on our site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. We do not permit our pages to be loaded into frames on your site. Web pages should load into the user's entire window. You must not establish a link from any website that is not owned by you.
If, as web portal owners, you wish to include Cadw web pages within a portal site then please contact us at wag-en@mailuk.custhelp.com Please provide the following: your name, address, telephone number, fax number and e-mail and a description of your portal site.
We reserve the right to withdraw linking permission without notice.

LINKS FROM OUR SITE

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Listing should not be taken as endorsement of any kind. We have no control over the content or availability of linked pages and accept no responsibility for them or for any loss or damage that may arise from your use of them.

USER-SUBMITTED CONTENT

By sending any text, images, audio, video or other content to this website you grant to Cadw a non-exclusive, royalty-free licence to publish and use that Cadw, at Cadw’s discretion) on this website, and on or in other Cadw websites and publications, in any media and at any time. Cadw may require you to confirm the rights granted in this paragraph and where requested to do so you shall provide all reasonable assistance to Cadw You also agree that any user of this website may use such content in accordance with these Website Terms and Conditions. 

You (or the copyright owner) remain the owner of copyright in any content and are free to republish it wherever you (or the owner) so wish, subject to any other restraints. You agree however to abide by Cadw rules in relation to commercial photography at Cadw sites, namely that photographs taken at Cadw sites may not be exploited in any commercial context without the prior written consent of Cadw. Please note too that photography at non-Cadw sites may be subject to similar or different restrictions.
All material must comply with the User Content Pages – Rules of Acceptable Use, set out below. 

USER CONTENT PAGES - RULES OF ACCEPTABLE USE 

User Content Pages and any discussion forums or pages of this website where you are capable of posting material are provided for your private and non-commercial use and for the exchange of lawful, relevant, fair and appropriate information, opinions and comment. Use of the website that is inconsistent with those stated purposes is strictly prohibited. Your use of these user content pages and this website generally is subject to the following terms which, by your use of the user content pages and this website, you are deemed to accept (and which amount to a non-exhaustive list of prohibited acts): 

• you may not place on this website any material (or use any user name) which is defamatory, abusive, discriminatory, threatening, harassing, harmful to children, obscene, offensive, or which applauds, encourages or entices abuse, discrimination or hate; or which might bring Cadw into disrepute.
• you may not post any material on this website which has been disclosed to you in confidence or which, by its nature, is confidential.
• you may not post any material on this website which compromises or is invasive of the privacy or security of anyone other than yourself; and confirm that you have secured the consent of any person (and, in the case of a child, of those persons who have parental responsibility for such child) who appears, or is referred to, in any material posted by you on the website to its publication by Cadw in accordance with these terms.
• you may not use multiple log-ins or post duplicate, repetitive or trivial content or content which does not relate to the applicable discussion thread.
• you may not place on the website any material which may encourage criminal conduct or which may give rise to civil liability, or which is otherwise unlawful.
• you may not place on this website any material belonging to any person (or any material where the rights belong to any person) other than yourself without the prior written consent of the owner of it.
• you may not place on the site any material whose publication by Cadw may give rise to any third party claims.
• you may not place any links on this website where those links take users to unlawful material or material that contravenes these Rules of Acceptable Use.
• you may not place on this website advertisements nor make commercial solicitations nor use this website for any commercial purposes (which would include using the website to promote or encourage the sale of your goods/services).
• you may not place on this website any material that authorises, enables or encourages the dissemination of any unsolicited or unauthorised advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; or which contains software viruses or any other computer code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or which might interfere with the normal operation of this website or servers or networks connected to this website.
• you agree that Cadw accepts no responsibility for any statements, material or other submissions placed on this website by you or any third party, or for any loss or damage resulting from your breach of these Rules of Acceptable Use.
• you agree to indemnify Cadw, its commissioners, employees, officers and agents from any and all claims and liabilities (including legal fees) which arise from your statements, contributions or other submissions to this website, from any unauthorised use of material obtained from our website or otherwise from your breach of our Rules of Acceptable Use. 

REFUSAL, REMOVAL AND/OR EDITING OF CONTENT

Cadw may not view or edit or pre-screen any contribution that you or anyone else makes to this website and therefore you cannot assume that Cadw is responsible for having made it available on the website. Cadw, and others that it designates, shall however have the right (but not the obligation) at its sole discretion to refuse, remove or edit any content that is posted to, or available on, this  website without the need to give any reasons for doing so. 

CONTENT OBJECTIONS

If you object to the publication of any material placed on this website please let Cadw know by sending an appropriately worded email to cadwmarketing@gov.wales and we will take whatever action we deem appropriate.

INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE

We process information about you in accordance with our Privacy Policy. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

REGISTRATION 

On certain parts of this website Cadw may require you to register and provide certain information about yourself and where you do this you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the relevant registration form (such information being the 'Registration Data') and (b) maintain and promptly update the Registration Data (by sending an appropriately worded email cadwmarketing@gov.wales) to keep it true, accurate, current and complete.
Our use of Registration Data and certain other information about you is subject to the Privacy Policy.

YOUR USERNAME AND PASSWORD  

The registration processes on this website will involve you being allocated with a unique username and/or password that gives you access to your website account. You are responsible for maintaining the confidentiality of your username and password, and are fully responsible for all activities that occur through your website account. You agree to (a) notify Cadw immediately if you become aware of any unauthorised use of your password or website account or any other breach of security by sending an appropriately worded email to cadwmarketing@gov.wales and (b) ensure that you exit from your website account at the end of each session. Cadw cannot and will not be liable for any loss or damage arising from your failure to comply with these requirements.

OUR LIABILITY

The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we and third parties connected to us hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or in equity.
Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site and any websites linked to it, including:
- loss of income or revenue;
- loss of business;
- loss of profits or contracts;
- loss of anticipated savings;
- loss of data;
- loss of goodwill;
- wasted management or office time; and
whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
The above does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

DISCLAIMER

Our site is provided on an 'as is' basis without any representation or warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. We do not warrant that the functions contained in the material contained in this site will be uninterrupted or error free, that defects will be corrected, or that this site or the server that make it available are free of viruses or represent the full functionality, accuracy, reliability of the materials. In no event will we be liable for any loss or damage including, without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from use or loss of use of, data, or profits, arising out of or in connection with the use of our site.

APPLICABLE LAW AND JURISDICTION

These terms and conditions shall be governed by and construed in accordance with the laws of England and Wales. Any dispute arising under these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England and Wales.

CHANGES TO OUR SITE

We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.

VARIATIONS TO THESE TERMS AND CONDITIONS

We may revise these terms and conditions at any time without prior notice and you are expected to check them from time to time to take notice of any changes we make, as they are binding on you. Some of the provisions contained in these terms and conditions may also be superseded by provisions or notices published elsewhere on our site.

CONTACT US

If you have any questions about our site or the material which appears on our site, please contact us at cadw@gov.wales or, if you wish to contact us by post, to the address set out at the beginning of these terms and conditions, marked for the attention of the Cadw Webmaster.

Thank you for visiting our site.