Access to and use of www.bch.org.uk is provided by Birmingham Children’s Hospital NHS Foundation Trust and Birmingham Children’s Hospital Charity subject to the terms listed below. 

Definitions

'BCH Charity' means Birmingham Children’s Hospital Charity, a charity registered under number 1160875 with its registered office at 5 Rowchester Court, Whittall Street,  Birmingham, B4 6DH.

'Website' means www.bch.org.uk, or any other website under BCH Charity’ ownership or control from which a link has been created to these terms and conditions.

'You', 'your' and 'yours' means the person(s) accessing the website.

'We', 'us' and 'our' means BCH Charity.

'Material' means any information, data, text, graphics, links, programming code or other material published, contained or available on the website.

Users

The website is intended for people accessing it from within the United Kingdom.  We cannot guarantee the site or the information it contains complies with or is appropriate for use in other countries.

By using the website you agree to be legally bound by these terms, which shall take effect immediately on your first use of the website.  If you do not agree to be legally bound by all the following terms please do not access and/or use the website.

Changes to the Terms & Conditions

We reserve the right to change these Terms & Conditions at any time.  Please review these terms regularly to ensure you are aware of any changes made by us.  Your continued use of the website after changes are posted means you agree to be legally bound by these Terms as updated and/or amended.  These Terms & Conditions were last updated on 9 January 2023.

Contacting us about the Terms & Conditions

If you are uncertain about anything in these Terms & Conditions please send an email to [email protected] or write to us at BCH Charity, Birmingham Children’s Hospital, Steelhouse Lane, B4 6NH.

Material

Material on the website is provided for information purposes only.  Whilst every care is taken in compiling the information on the website we do not make any warranties or representations as to its accuracy or reliability.  We may make changes to the material on the website at any time without notice.

Use of content on the website

You may not copy, reproduce, republish, download, post, broadcast, transmit or otherwise use the website content in any way except for your own personal, non-commercial use.

You also agree not to adapt, alter or create a derivative work from any website content except for your own personal, non-commercial use.  Any other use of website content requires the prior written permission of BCH Charity.

You agree to use the website only for lawful purposes and in ways that do not infringe the right of, restrict or inhibit anyone else’s use and enjoyment of the website.

Prohibited behaviour includes harassing or causing distress or inconvenience to any person, transmitting obscene or offensive content or disrupting the normal flow of web traffic.

Uploading images to the website

You are not allowed to upload images which contain or use any images or other material including text based annotations and comments, which contain any of the following:

• Material which is defamatory of any person.
• Material which is pornographic, obscene, indecent or offensive.
• Material which promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
• Material that is likely to incite hatred or violence against any person or group.
• Material that is likely to deceive any person.
• Material which concerns or relates to any criminal act.
• Material the use or inclusion of which infringes any copyright, trademark, database or other intellectual property right of any third party.
• Material made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence; material which promotes any illegal activity.
• Material which is threatening, abusive or invades another’s privacy, causes annoyance, inconvenience or needless anxiety.
• Material which is likely to harass, upset, embarrass, alarm or annoy any other person.
• Material used to impersonate any person, or to misrepresent your identity or affiliation with any person.
• Material which gives the impression that it emanates from BCH Charity or Birmingham Children’s Hospital, if this is not the case.
• Material that advocates, promotes or assists any unlawful act such as (by way of example only) copyright infringement or computer misuse.
• Material that breaches any applicable laws or regulations.

Service access

Whilst we try to ensure that the website is normally available 24 hours a day, we shall not be liable if for any reason the website is unavailable at any time or for any period.  Access to the website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.

Intellectual property

The names, images and logos identifying Birmingham Children’s Hospital charity, identifying Birmingham Children’s Hospital NHS Foundation Trust or third parties and their products and services are subject to copyright, design rights and trademarks of the Birmingham Children’s Hospital charity, Birmingham Children’s Hospital NHS Foundation Trust and/or third parties.  Nothing contained in these Terms shall be construed as conferring by implication, estoppel or otherwise any licence or right to use any trademark, patent, design right or copyright of Birmingham Children’s Hospital charity, Birmingham Children’s Hospital NHS Foundation Trust, or any other third party.

Contributions to the website

Where you are invited to submit any contribution to the website (including any text, graphics, video or audio) you agree, by submitting your contribution, to grant BCH the Charity a perpetual, royalty-free, non-exclusive, sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, and exercise all copyright and publicity rights with respect to your contribution worldwide and/or to incorporate your contribution in other works in any media now known or later developed for the full term of any rights that may exist in your contribution, and in accordance with privacy restrictions set out in the BCH Charity Privacy Policy.

If you do not want to grant to BCH Charity the rights set out above, please do not submit your contribution to the website.

By submitting your contribution to the website you warrant that your contribution:

• is your own original work and that you have the right to make it available to the Website.
• is not defamatory.
• does not infringe any law.

You also agree to:

• indemnify BCH Charity against all legal fees, damages and other expenses that may be incurred by them as a result of your breaking the above warranty;
• waive any moral rights in your contribution for the purposes of its submission to and publication on the Website; and
• allow BCH Charity to remove or alter any content that in its absolute discretion it considers to be inappropriate for any reason.

You acknowledge that it is your responsibility to keep such copies of any material you upload as you may need and that we cannot guarantee that we will retain our own copies of anything you submit.

Limitation of liability

The website is provided to users "as is" and without any warranty (whether express or implied) of fitness for any particular purpose.  We make no warranty that the Website will be available uninterrupted or at all.  No advice or information, whether oral or written, obtained from or in relation to the Website will create any warranty not expressly made herein.

In some jurisdictions, limitation or exclusion of liability is only permitted where such limitation is fair and/or reasonable. After considering all matters, users agree that the limitations of liability set out in these Terms & Conditions are fair and reasonable.  Any statutory rights users may have under consumer protection legislation remain unaffected.

Privacy and data protection

We are committed to protecting your privacy online. For more information, please see our Privacy Policy.

Photographic images and videos

Birmingham Children’s Hospital NHS Foundation Trust ensures that the prior written consent of patients and families whose photographs it has uploaded onto the website has been obtained.

We reserve the right to include content from external sites including but not limited to You Tube and Facebook. We do not control the privacy practices of these other sites.  Users of such sites take full responsibility for their own content. We use our reasonable endeavours to protect the interests of the individuals featured in the content on our Website.

If you believe that any image or video is being displayed without consent or for any other reason should be removed you should send an email to [email protected] or write to us at BCH Charity, 5 Rowchester Court, Whittall Street, Birmingham, B4 6DH.

Governing law

These Terms & Conditions shall be governed by the laws of England and any dispute arising from these Terms & Conditions or your use of the website shall be subject to the exclusive jurisdiction of the English courts.

Appeal Terms and Conditions

As a charity, we exist to push boundaries over and above what the NHS alone can provide; ensuring each and every patient and family cared for by our hospitals benefits from improved standards of excellence in treatment, patient experience and research. All appeal donations help to make our vision for change a reality.

Raising funds and organisational overheads cost real money. As such, in order to run in a professional and effective way, our charity does incur necessary costs. These are often included within appeal totals as the associated costs.

This includes the costs (including staff costs) of seeking and securing donations; grants and legacies; staging events; advertising; the production of marketing and direct mail materials and publicity costs designed to further our purpose. We also include a relevant proportion to support costs for governance, IT and finance.

In the event the funds raised exceed the funding requirements of an appeal or project, any further donations will be used wherever the need is greatest across our hospitals. Or if insufficient funds are raised and the appeal cannot be fulfilled, we will seek to identify a secondary purpose that supports the patients who would have benefitted from the original appeal. We would naturally communicate with our supports to inform of any changes made.

Text Code Terms and Conditions

Fundraising, payments and donations will be processed and administered by the National Funding Scheme (Charity No: 1149800), operating as DONATE. Texts will be charged at your standard network rate. For Terms and Conditions, see www.easydonate.org.

Birmingham Children’s Hospital Charity General Raffle Terms and Conditions 

1. This Raffle is being promoted by: Miranda Williams, Birmingham Children’s Hospital Charity.
2. It is promoted on behalf of “the Society”:  Birmingham Children’s Hospital Charity.
3. The Society, registration no. 1160875.
4. The Society is operating a Society Lottery under the Gambling Act 2005.
5. By entering the draw, participants agree to be bound by these Terms and Conditions and Rules.
6. The draw opens for entries at 00.01 on Friday 24 June 2022 and closes for entries at 23.59 on Friday 24 June 2022.
7. To enter the draw a ticket (or tickets) must be purchased online at bch.org.uk/donate/T20.
8. The winner of the draw will be chosen at random from all entries received by the Closing Date.
9. Where relevant, the winner will be requested to arrange collection of their prize from Birmingham Children’s Hospital (Steelhouse Lane, Birmingham B4 6NH). Where this is not possible, the prize will be delivered to an address specified by the winner on the UK mainland or specified address.
10. No cash alternative is available.
11. Your chances of winning are variable, depending on how many tickets are sold for the Raffle as a whole. Your winning odds are the number of tickets you have purchased divided by the total number of tickets in the draw.
12. The game is open to all UK residents who are aged 18 or over on the date of ticket purchase.
13. Any person found to be under 18 (eighteen) years of age on the date of ticket purchase automatically forfeits the right to the Prize.
14. You must be 18 (eighteen) or over to play or claim a prize. We may conduct random checks of entrants to ensure there are no underage players. Random checks are conducted using AgeChecked (or similar service from a third party supplier as and when stipulated). If a person enters the game stating they are over the age of 18 (eighteen) and subsequently it is found that they are less than 18 (eighteen) years of age, they will have any money paid in relation to the draw returned to them and where relevant will automatically forfeit the right to any prize.
15. The winner may need to provide proof of age before collecting the prize. Acceptable documentation of the winner’s proof of age will be a scan of their passport or driving license.
16. Tickets to enter the draw are priced at £3 each and can be bought individually from this website.
17. All draw entry sales are final. Refunds are at the sole discretion of the Society and will be payable only where the Society deems it reasonable, having regard for all the circumstances. All participants acknowledge that their payment of the ticket price does not guarantee that they will win any Prize.
18. Full payment for each ticket must be received in cleared funds before the ticket can be entered into the draw. Only tickets for which full payment has been received are eligible to win the Prize.
19. Payment for tickets via this website can be made by debit/credit card only.
20. The winners of the Raffle Prize will be contacted by the Society within seven working days of the draw taking place. Details of the winners will also be posted on the Website.
21. All participants are solely responsible for providing and (where necessary) updating the Society with their accurate and up-to-date contact details and the Society will be in no way liable for any failure or inability to contact any participant due to any errors, omissions or inaccuracies in the contact details that the participant has provided.
22. The Society shall not be liable to any participant for any loss or damage suffered or arising from:
    1. any delays or failures in the delivery methods used by the Society or the participant;
    2. any delays or failures in any software or other systems used by the Society for the administration of the draw;
    3. any delays or failures in the banking system used by the Society or the participant;
    4. any refusal by the Society to accept an individual’s entry or the cancellation of an entry;
    5. any event beyond the reasonable control of the Society.
23. To the extent permitted by law, the Society excludes any liability for loss or damage incurred by any winner of a Prize in connection with or arising from the use of the Prize or participation in the draw.
24. The Society is committed to protecting the privacy of participants. Personal information that is collected from participants is used lawfully in accordance with the Data Protection Act 1998. In providing your information to the Society, you consent to the Society using your information to process your entry and otherwise as described in these terms and conditions including (but not limited to) passing winners’ contact details on to representatives of third party companies used for the purposes of fulfilling the Prize and publishing winners’ names on the Website. For more information about how the Society uses personal information to administer the draw see our Privacy Policy at bch.org.uk/privacy-policy.
25. The Society reserves the right to:
    1. disqualify or decline to accept the entry of any participant if it has reasonable grounds to believe the participant has breached any of these terms or otherwise acted fraudulently;
    2. terminate or suspend the draw for reasons beyond its reasonable control.
26. In the event of any dispute regarding the draw, if the dispute cannot be resolved by the parties, it will be referred to an independent third party. Please refer to the Social Responsibility Policy at bch.org.uk.
27. This draw is a form of gambling. Participants are encouraged to gamble responsibly. Please read our Social Responsibility Policy or visit the GamCare website (http://www.gamcare.org.uk) for more information on Problem Gambling.
28. The Laws of England and Wales shall govern the interpretation and/or enforcement of these Rules. The Society and all participants hereby submit to the exclusive jurisdiction of the English courts.
29. Contact for Enquiries: [email protected].
30. The raffle is promoted by Birmingham Children’s Hospital Charity.

Registering your Fundraising Terms and Conditions

View our Registering your Fundraising Terms and Conditions.