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PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE
Terms and Conditions
Your use of this website and the products and services offered and supplied via this website (referred to collectively as the “Services” in this document), whether as a guest or a registered user, is subject to the following legal terms and conditions, which are effective and binding between you and Cheltenham Ladies’ College (“College”).
Use of the College website includes accessing, browsing, or registering to use the College website. Please read these terms and conditions carefully before you start to use the College website, as these will apply to your use of the College website.
If you do not wish to be bound by these terms and conditions, you should not continue to use or access the College website or use any other of the Services. College recommends that you print a copy of these terms and conditions, or save them to your computer, for future reference.
The College website is provided by a third party service provider, Sponsorcraft Ltd, on behalf of College, and these terms and conditions operate between you and College only. Sponsorcraft Ltd has no contractual relationship with you, except in relation to any third party rights which Sponsorcraft Ltd may enforce under this contract. Your attention is drawn to the paragraph immediately below and the paragraphs entitled “Fundraising” and “Payments and fees”.
Your use of any other services or websites which are similar to the Services and which are provided by a third party, including any third party services or websites which the College website links to (including other services or websites operated by Sponsorcraft Ltd), is subject to the legal terms which govern usage of those other services, and College has no responsibility whatsoever for such usage.
Cheltenham Ladies’ College is a charity with charity registration number 311722. College's main trading address is Cheltenham Ladies’ College, Bayshill Road, Cheltenham, Gloucestershire GL50 3EP.
The terms and conditions set out in this document form a legally binding agreement between you and College in relation to your use of the Services. It is important that you take the time to read them carefully. Collectively, this legal agreement is referred to below as the “Terms”. These Terms, and the contract between you and College, are only in the English language. College considers that these Terms, together with College's Privacy Notice, your request to register as a user of the Site, (“Site” means the College Giving Day website) and any other terms relating to fees or other matters which are agreed to in writing by you and College, constitute the whole agreement between you and College.
The term 'Content' means any content, including (but not limited to) videos, audio clips, text, software, pictures and other features and information which College has made available as part of the Services, including content which you have uploaded to the Site in accordance with the Terms.
Accepting the Terms
In order to use the Services, you must firstly agree to the Terms. By using the Site, you confirm that you accept the Terms and that you agree to comply with them. If you do not agree to the Terms, you must not use the Site or otherwise use the Services. You can accept the Terms by actually using the Services. Accordingly, you understand and agree that College will treat your use of the Services as acceptance of the Terms from that point onwards. The Services are offered subject to your acceptance of the Terms, which also incorporate the Privacy Notice, and all other operating rules, policies and procedures that may be published from time to time on the Site by College, each of which is incorporated by reference and each of which may be updated by College from time to time without notice to you. In the event of any inconsistency or conflict between the terms, the Privacy Notice, your request to register as a user of the Site, and/or any other terms relating to fees or other matters which are agreed to in writing by you and College, the Terms shall have priority.
The Services are available only to individuals who are at least 18 years old. You represent and warrant that you are of legal age to form a binding contract, and that all registration information you submit is truthful and correct. College reserves the right to: (a) refuse the Services to anyone at any time without notice and for any reason; and (b) change its eligibility criteria at any time without notice and for any reason. You may not use the Services and may not accept the Terms if: (a) you are not of legal age to form a binding contract with College; (b) you are not normally resident in the UK or the country from which you use the Services; or (c) you are a person not allowed to receive or use the Services under the laws of England and Wales or any other countries including the country in which you are resident or from which you use the Services.
Changes to the Terms
College reserves the right to alter or replace the Terms, or to change, suspend or discontinue the Services at any time, by posting on the Site or by sending you an email. You agree that College may limit the Services or restrict your access to parts or all of the Services without notice or liability. It is your responsibility to check the Terms periodically for changes, as they are binding on you. You agree that in continuing to use the Services following the posting of any changes to the Terms such continued use constitutes acceptance of those changes.
Conduct
You agree to use the Site and all Services responsibly and legally and not to use the Services for any purpose that is prohibited by the Terms. The Services are provided solely for your use in relation to College. You are responsible for all of your activity in connection with the Services.
Under the Terms you are prohibited from taking any action in relation to your use of the Services which:
Additionally, you agree not to:
If you breach this provision, you may be committing a criminal offence. College will report any such breach to the relevant law enforcement authorities and College will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.
College does not guarantee that any Content will be made available on or through the Services. College has no obligation to monitor the Services or content. However, College reserves the right to remove, edit or modify any Content in its sole discretion from the Services at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such content or if Cheltenham Ladies’ College is concerned that you may have violated the Terms).
You are responsible for configuring your information technology, computer programmes and platform in order to access the Site. You should use your own virus protection software.
Registration
In order to use parts of the Services, you may be required to register with Cheltenham Ladies’ College and select a password and “user name”. You shall not:
Cheltenham Ladies’ College reserves the right to refuse registration of or to cancel a user name in its sole discretion and to disable any user name or password, at any time, if in its reasonable opinion you have failed to comply with any of the provisions of the Terms. You agree not to use another user’s account without such other user’s express permission.
You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services. You must not disclose this information to any third party. If you become aware of any unauthorized use of your password or of your account, you agree to notify Cheltenham Ladies’ College immediately by email to development@cheltladiescollege.org.
Accordingly, you agree that you are solely responsible for all activities that occur under your account.
Sponsorcraft Ltd reserves the right to refuse registration of or to cancel a user name in its sole discretion.
You agree not to use another user’s account without such other user’s express permission.
You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services. If you become aware of any unauthorized use of your password or of your account, you agree to notify Sponsorcraft Ltd immediately in writing.
Accordingly, you agree that you are solely responsible for all activities that occur under your account.
The Stripe Service (debit / credit card payments)
Stripe is a payment service which allows College to accept and process credit card, debit card and other types of card payments from their Donors, (“Donor” being a person who is donating money to College). By registering with Stripe, the College accepts Stripe’s terms and conditions which can be found at https://stripe.com/terms
Third party websites
The Services may contain links to other websites or resources on the Internet, and other websites or resources may contain links to the Site. You acknowledge that College is not responsible or liable for the content or any aspect of such third party websites and you use them at your own risk. The fact that College provides links to certain third party websites does not in any way constitute endorsement of or association with such websites by College. Furthermore, you acknowledge and agree that College shall not be responsible or liable for any damage or loss caused by your use of any such website or resource.
Linking to the Site
You may link to any page of the Site, provided you do so in a way that is fair and legal and does not damage College’s reputation or take advantage of it. You must not establish a link in such away as to suggest any form of association, approval or endorsement on College’s part where none exists. You must not establish a link to the Site in any website that is not owned by you. The Site must not be framed on any other site. College reserves the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with the content requirements set out in these Terms. If you wish to make any use of content on the Site other than that set out above, please contact: development@cheltladiescollege.org.
Content
You acknowledge that all Content which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated.
You should be aware that Content presented to you as part of the Services may be protected by intellectual property rights which are owned by those who provide Content to College (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by Sponsorcraft Ltd or by the owners of that Content, in a separate agreement.
College reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any part of the Services.
You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.
Licence from Cheltenham Ladies’ College
College gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive licence to use the Content provided to you by College as part of the Services. This licence is for the sole purpose of enabling you to use the Services as provided by College, in the manner permitted by the Terms. Use, reproduction, modification, distribution or storage of any part of the Services (including any Content) other than for personal, non-commercial use is expressly prohibited without prior written permission from College.
You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of any part of the Services, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by College in writing.
Unless College has given you specific written permission to do so, you may not assign (or grant a sub-licence of) your rights to use the Services, grant a security interest in or over your rights to use the Services, or otherwise transfer any part of your rights to use, or obligations in relation to, the Services.
Content licence from you
You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Services. By submitting, posting or displaying the Content you give College a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive licence to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on, or through, the Services. This licence is for the sole purpose of enabling College to display, distribute and promote the Services.
You understand that College, in performing the required technical steps to provide the Services to our users, may make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this licence shall permit College to take these actions.
You confirm and warrant to College that you have all the rights, power and authority necessary to grant the above licence. Other than the limited licence set out above, College acknowledges and agrees that it obtains no right, title or interest from you under these Terms in or to any Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with College, you agree that you are responsible for protecting and enforcing those rights and that College has no obligation to do so on your behalf.
Copyright issues
You must not reproduce our logo or intellectual property without our express written permission.
If you wish to make an inquiry or report a copyright infringement, you can do so by contacting us either by post to do so by contacting us either by post to Cheltenham Ladies’ College, Bayshill Road, Cheltenham, Gloucestershire GL50 3EP, or by email to: development@cheltladiescollege.org. Intellectual property rights
You agree to College (and others permitted by College to act on its behalf) doing the following in connection with the provision of the Services:
You hereby agree to College using, and displaying as appropriate your trademarks, logos or similar proprietary rights solely in connection with the Services. None of the above affects your ownership rights in relation to Content you upload onto the Site.
Termination
College reserves the right to terminate your account or restrict access to all or any part of the Services at any time without notice or cause and such termination and/or restriction will be effective immediately. This may result in the forfeiture and destruction of all information and/or Content associated with your membership. If you wish to terminate your account at any time, please contact us by email at: development@cheltladiescollege.org. College will effect the termination of your account, and remove your information from the Site, as soon as reasonably possible.
When the supply of the Services to you is terminated, for whatever reason, certain legal rights, obligations and liabilities that you and College have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation and shall continue to have full force and effect. These include (but are not limited to) your obligations in relation to conduct, content, intellectual property rights, payment and indemnification, and College’s rights in relation to payment, content, intellectual property rights, warranty disclaimer, limitation of liability and indemnification. The “General Legal Terms” section near the end of this document shall also continue to have full force and effect.
Warranty Disclaimer
You agree and acknowledge that College has no special relationship with or fiduciary duty to you. You acknowledge that Sponsorcraft Ltd cannot control, nor has it any obligation to act in relation to:
You agree that College is not liable for you having acquired or not acquired Content through the Site. College does not guarantee that the Site, or any Content on it, will always be available or be uninterrupted. Access to the Site is permitted on a temporary basis. College may suspend, withdraw, discontinue or change all or any part of the Site without notice. College will not be liable to you if for any reason the Site is unavailable at any time or for any period. The Services are provided "as is" and "as available" and are without warranty of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed. College, and its directors, employees, agents, suppliers, partners and content providers do not warrant that: (a) the Services will be secure or available at any particular time or location; (b) the Site, or any Content on it, will be free from errors or omissions; (c) the Content on the Site is accurate, complete or up-to-date; (d) any defects or errors will be corrected; (e) any content or software available at or through the Services is free of viruses or other harmful components; or (f) the results of using the Services will meet your requirements. Your use of the Services is solely at your own risk.
Limitation of Liability
Nothing in these Terms excludes or limits College’s liability for death or personal injury arising from College’s negligence, or its fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
As a Donor, you agree not to use the Site for any commercial or business purposes, and Cheltenham Ladies’ College has no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
College is not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of College’s breach of the Terms or if it was contemplated by you and College at the time we entered into this contract. College shall not be liable for any damage whether in contract, tort (including negligence), breach of statutory duty or otherwise, even if foreseeable, arising under or in connection with:
Electronic notification policy
By using the Services, you consent to receiving from College all communications including notices, agreements, legally required disclosures or other information in connection with the Services (collectively, "Contract Notices") electronically.
Customer service
If you wish to make an inquiry or complaint, you can do so by post at Cheltenham Ladies’ College, Bayshill Road, Cheltenham, Gloucestershire GL50 3EP, or by email at development@cheltladiescollege.org.
Gift Aid
College may include a Gift Aid option and any such option will be subject to the additional legal terms covering this.
General legal terms
You agree that College may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.
College may transfer its rights and obligations under the Terms to another organisation, and College will always notify you in writing if this happens, but this will not affect your rights or College’s obligations under the Terms.
You agree that if College does not exercise or enforce, or delays in exercising or enforcing, any legal right or remedy which is contained in the Terms (or which College has the benefit of under any applicable law), this will not be taken to be a formal waiver of College’s rights and that those rights or remedies will still be available to College (and does not mean that you do not have to comply with your obligations). If College does waive a default by you, College will only do so in writing, and that will not mean that College will automatically waive any later default by you.
This contract is between you and College. A person who is not a party to the Terms has no right to rely on or enforce any of the Terms.
Each of the paragraphs of the Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Your statutory rights as a consumer are unaffected by the Terms and you may have rights under statute additional to those granted by the Terms. If in doubt you should contact your local Citizens’ Advice Bureau or Trading Standards Office.
College will not file a copy of the contract between you and College.
Where the words "in writing" appear in the Terms, this includes email. If you wish to contact College in writing, or if any provision in the Terms requires you to give College notice in writing, you can send this to College by e-mail to development@cheltladiescollege.org, or by post to Cheltenham Ladies’ College, Bayshill Road, Cheltenham, Gloucestershire GL50 3EP.
Governing Law
The Terms, and your relationship with College under the Terms (including the subject matter of the Terms and the formation of the contract, and any contractual or non-contractual dispute associated with your use of the Services), are governed by English law. You and College agree that the courts of England and Wales shall have non-exclusive jurisdiction to resolve any such dispute. Notwithstanding this, you agree that College shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
Effective Date: 1st April 2022