Website terms and conditions
These ' Website Terms ' set out the legal terms between you and us when you visit and use our website www.easyfundraising.org.uk (the " Website ").
1. Who are 'we'? We are Easyfundraising Limited, a company registered in England and Wales with a company number of 04764164 and a registered office at St Chad’s House, Suite 6, Cross Keys, Lichfield, WS13 6DN “ Easyfundraising ”, “ we ” or “ us ”). Easyfundraising has a registered VAT number of 174652589.
2. Who these Website Terms apply to: These Website Terms apply to all users of the Website whether you are a visitor to the Website (a 'Visitor'), whether you have registered an account with the Website as a 'Supporter' (in which case these Website Terms form part of our Supporter Terms) or if you have registered an account as a 'Good Cause' (in which case these Website Terms form part of our Good Cause Terms). In these Website Terms we refer to Visitors, Supporters and Good Causes as 'you'. By using the Website you also accept and agree with our Privacy Policy and Cookies Policy.
3. When these Website Terms apply: These Website Terms take effect from the date of your first use of the Website.
4. Your use of the Website: In respect of the Website, you must not:
4.1. use the Website other than for its intended purpose as an online fundraising tool for Good Causes;
4.2. use the Website in any way which breaches any applicable local, national or international law;
4.3. use the Website to send, receive, download, or upload any material or content:
4.3.a. which is defamatory, harassing, offensive, pornographic, abusive, discriminatory, in breach of confidence, in breach of privacy, which may cause annoyance or inconvenience or which Easyfundraising otherwise considers objectionable;
4.3.b. for which you have not obtained all necessary licences and/or permissions to use, or which otherwise infringes, another person's intellectual property rights;
4.3.c. which is technically harmful or which contains computer viruses, trojan horses, worms, time-bombs, keystroke loggers, spyware, adware, malicious software or any other harmful components;
4.3.d. which constitutes any other form of solicitation, for example, spam, junk mail, chain letters, lead generation, affiliate marketing or any other form of advertisement or offer to supply goods or services of any kind;
4.4. attempt to generate additional queries, impressions or clicks in respect of any search results, links, or advertisements through any automated, deceptive, fraudulent or other invalid means, including repeated manual clicks ('click-farming'), the use of robots or spiders, 'meta-searching', automated query tools, computer generated search request or through the unauthorized use of other search engine optimization services or software;
4.5. attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form the Website or any of the tools or software available anywhere on the Website; or
4.6. use the Website for any purpose which we consider is a breach of these Website Terms or use the Website in any way which we, at our absolute discretion, consider unsuitable or inappropriate.
5. Website Intellectual Property: The content of the Website is owned by Easyfundraising and/or its licensors (unless indicated otherwise) and all such content is protected by copyright, trade marks (both registered and unregistered), database rights, design rights and other intellectual property rights. This includes (but is not limited to) all photographs, images, text, fonts and designs on the Website. You may view, retrieve and display the content of the Website on a computer or other device which connects to the internet or print one copy of such content for your own personal, non-commercial use, provided you;
5.1. keep intact all and any copyright and trade mark notices;
5.2. do not otherwise reproduce, copy, distribute, resell or otherwise use for any commercial purpose any of the content on the Website; and
5.3. have not been sent a notice by Easyfundraising which states that Easyfundraising's consent for you to use such content is withdrawn.
6. Easyfundraising Materials: Easyfundraising provides a range of downloadable tools and content on the Website to encourage Supporters to support Good Causes or to raise more Donations for Good Causes, many of these are contained in the 'Raise More' section of the Website (the “ Easyfundraising Materials”). If you download Easyfundraising Materials you do so under the following non-transferable, royalty-free, worldwide licence for the sole purpose of promoting Good Causes: You agree that:
6.1. at any time Easyfundraising may provide you with notice which states that your licence to use the Easyfundraising Materials is withdrawn – in which case you shall immediately cease to use any Easyfundraising Materials;
6.2. you shall keep intact all and any copyright and trade mark notices within he Easyfundraising Materials;
6.3. you shall not otherwise reproduce, copy, distribute, resell or otherwise use the Easyfundraising Materials for any commercial purpose;
6.4. you shall not use the Easyfundraising Materials in any way which breaches any applicable local, national or international law;
6.5. you shall not; (i) use the Easyfundraising Materials to send, receive, upload, download, or upload materials or content; or (ii) edit or change the Easyfundraising Materials to include material or content:-
6.5.a. which is defamatory, harassing, offensive, pornographic, abusive, discriminatory, in breach of confidence, in breach of privacy, which may cause annoyance or inconvenience or otherwise objectionable;
6.5.b. for which you have not obtained all necessary licences and/or permissions to use, or which infringes, another person's intellectual property rights;
6.5.c. which is technically harmful or which contains computer viruses, trojan horses, worms, time-bombs, keystroke loggers, spyware, adware, malicious software or any other harmful components;
6.5.d. which constitutes unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation for example, spam, junk mail, chain letters, lead generation, affiliate marketing or which constitutes an advertisement or offer to supply goods or services of any kind;
6.6. you shall not attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form the Easyfundraising Materials;
6.7. you shall not use the Easyfundraising Materials for any purpose that Easyfundraising considers is a breach of these Website Terms; and
6.8. some of the Easyfundraising Materials are subject to their own end user licences which you will be subject to if you decide to use such Easyfundraising Materials (for example, the Easyfundraising Donation Reminder).
7. User Content and Takedown: Postings, messages, images, user profile information and other materials posted, uploaded or linked to the Website by users is defined as 'User Content' . User Content you post, upload or link is your responsibility, is uploaded at your sole liability and should be done so in compliance with paragraph 4 above. Easyfundraising does not, and is under no obligation to, monitor, or edit such User Content. You release Easyfundraising from any liability arising out of or in connection with User Content uploaded by other persons. If you have a complaint in relation to another person's User Content please contact Easyfundraising by sending an email to support@easyfundraising.org.uk providing a full planation of the complaint with the heading "CONTENT ISSUE". You acknowledge that Easyfundraising may takedown any User Content at any time at its absolute discretion.
8. Law Enforcement: We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any User Content in breach of these Website Terms.
9. Availability of the Website: Easyfundraising makes no promise that the Website or its services will meet your requirements. We cannot guarantee that the Website will be fault-free. If a fault occurs with the Website you should report it to support@easyfundraising.org.uk and we will attempt to correct the fault as soon as we reasonably can. Your access to the Website may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore the Website as soon as we reasonably can.
10. Third Party Advertising and Links:
10.1. Links: Certain links, including hyperlinks, from the Website may take you outside the Website to other websites (including those of Retailers). This does not imply endorsement by Easyfundraising of the linked site, its operator, its content or the goods and services it offers. Easyfundraising is not liable for the content of such websites nor for the accuracy, integrity or quality of such content. Such websites may be governed by their own terms and privacy and cookies policies.
10.2. Advertising: The Website may contain advertising and sponsorship. This does not imply endorsement by Easyfundraising of such advertising or sponsorship, their operators, their content or the goods and services they offer. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Website complies with relevant laws and codes. Easyfundraising is not liable to you for any error or inaccuracy in advertising and sponsorship materials or for any loss of any kind which you suffer as a result of such advertising or sponsorship. Adverts may be subject to their own terms and privacy and cookies policies.
11. Easyfundraising's Liability
11.1. Restrictions on Exclusions and Limitations: Notwithstanding the other provisions of these Website Terms, none of the exclusions or limitations in these Website Terms shall exclude or restrict our liability for death or personal injury caused by our negligence, or for any fraudulent misrepresentation or for any other liability that Easyfundraising cannot exclude or limit under any applicable law.
11.2. Exclusions of Liability: Easyfundraising excludes its liability to you for any amount or kind of loss or damage including any direct, indirect, or consequential loss or damages(whether in tort, contract, or otherwise) including any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and that may result to you or a third party arising out of or in connection with:
11.2.a. your use of the Website and any content on the Website and the Easyfundraising Materials;
11.2.b. viruses that may infect your computer equipment, software, data, or other property on account of your access to, use of, or browsing the Website or your downloading of any material (including the Easyfundraising Materials) or tools from the Website;
11.2.c. any error or omission (whether human or manmade) in the provision of the Website or in the operation of the Website including any typographical or programming mistakes or errors (including in respect of any Easyfundraising Materials);and
11.2.d. any other loss or damage which these Website Terms otherwise state that Easyfundraising has excluded or limited its liability for.
11.3. Limitation of Liability: Easyfundraising's liability to Supporters and Good Causes is limited under the Supporter Terms and Good Cause Terms respectively, in respect of Visitors to the Website Easyfundraising's total aggregate liability to each Visitor is limited to £50.
11.4. Force Majeure: Easyfundraising shall not be responsible for any breach of these Website Terms caused by circumstances beyond its reasonable control.
11.5. No Implied Terms: Easyfundraising excludes, to the fullest extent permitted by law, any conditions, warranties, terms and undertakings which would otherwise be implied into any contract (whether by statute or otherwise) relating to the Website (including any materials which can be downloaded from the Website for example the Easyfundraising Materials).
11.6. No Warranty: The content on the Website does not constitute professional advice or detailed guidance. If you require more detailed information and advice please contact us directly. While Easyfundraising tries to ensure that content on the Website is correct, reputable and of high quality, it gives no representation or warranty, whether express or implied in relation to the content and as to whether the content is accurate complete or current. Easyfundraising shall not be liable for any reliance placed on any of the content on the website by you or any third party.
12. International Use: We make no promise that materials on the Website are appropriate or available for use in locations outside the United Kingdom, and accessing the Website from territories where its contents are illegal or unlawful is prohibited. If you choose to access this site from locations outside the United Kingdom, you do so on your own account and are responsible for compliance with local laws.
13. General Terms: (a) Changes to these Website Terms: We may update these Website Terms from time to time. Any changes will be notified via a suitable announcement on the Website. The changes will apply to the use of the Website after we have given notice. If you do not wish to accept the new Website Terms you should not continue to use the Website. If you continue to use the Website after the date on which the change comes into effect, your use of the Website indicates your agreement to be bound by the new Website Terms; (b) Dealing in rights and obligations: You may not transfer any of your rights or obligations under these Terms to any other person. Easyfundraising reserves the right to transfer or assign its rights and obligations, in whole or in part, to any person (without your consent); (c) No Waiver: If Easyfundraising decides not to exercise or enforce any right that it has against you at a particular time, this does not prevent Easyfundraising from later deciding to exercise or enforce that right; (d) Severability: If any part of these Website Terms is deemed unlawful, void or for any reason unenforceable, then that part shall be deemed to be severable from the rest of these Website Terms and shall not affect the validity and enforceability of the remaining provisions of these Website Terms. In such cases, the part deemed invalid or unenforceable shall be amended in a manner consistent with applicable law to reflect, as closely as possible, our original intent; (e) Interpretation: references to “including” or “includes” shall be deemed to have the words 'without limitation' inserted after them; (f) Third Party Rights: For the purposes of the Contracts (Rights of Third Parties) Act 1999 these Website Terms are not intended to, and do not, give any person who is not a party to them any right to enforce any of its provisions except for any subsidiary, holding company or other group company of Easyfundraising; and (g) Entire Agreement: These Website Terms, the Privacy Policy and Cookies Policy (and the Good Cause Terms, Supporter Terms and any end user licences relating to Easyfundraising Materials to the extent they are applicable) shall apply between us in respect of the matters described herein to the exclusion of all other terms (including any terms and conditions that you purport to apply). You shall not be entitled to rely on any agreement, understanding or arrangement which is not expressly set forth in these Website Terms.
14. Governing Law and Jurisdiction: These Website Terms and any dispute arising out of or in connection with these Website Terms and your use of the Website shall be subject to the laws of England and Wales. We will try to solve any disagreements quickly and efficiently. If you are not happy with the way we deal with any disagreement and you want to commence court proceedings, you must do so in the courts of England and Wales.
If you have any questions in respect of these Website Terms, please contact support@easyfundraising.org.uk