Terms of use
Access to and use of this site ('sharingthecaring.org.uk') is
provided by CAF (Charities Aid Foundation) subject to the terms set
out below.
Please read through the whole of these terms of use, and our
privacy policy, before using this website.
Accessing any part of this website constitutes your agreement
to be bound by these terms of use and acceptance of our privacy
policy regardless of whether or not you choose to register with us
for the purposes of carrying out any transactions. Please note
paragraph 1.3
below since it allows us to amend these terms of use and our
privacy policy at any time without prior notice.
Certain provisions of these terms of use may be superseded by
expressly designated legal notices or terms located on particular
pages of this web site.
If you do not accept these terms of use, do not use this
website.
Those users who register with us to use one or more of the
transactional areas of our website have particular responsibilities
and their specific attention is drawn to paragraph
6 of these terms of use.
Similarly, those charities that register with us to upload or
otherwise provide information about their charity should note in
particular the provisions of paragraphs 2.5 and 2.6.
1. Introduction
2. Data
and information: access and download licence
3. Availability of
access
4. Website
material and user conduct
5. Links to and
from other websites
6. Sanctions
for breach of these terms of use
7. Exclusion
of liability
8. Entire
agreement
9. Governing
law and jurisdiction
1. Introduction
1.1
You may access most areas of this website without registering
your details with us. Any personal information you supply to us
when you use our website will be used in accordance with our
privacy policy.
1.2
By accessing any part of this website, you shall be deemed to
have accepted these terms of use and our privacy
policy in full. If you do not accept them in full, you must
leave this website immediately.
1.3
We may make improvements or changes to the information and
services on our website, or terminate our website, at any time
without prior notice. We may also modify these terms of use
and our privacy policy at any time without prior notice, and every
such modification will be effective immediately upon posting of the
modified terms of use and/or the modified privacy policy on our
website. Your continued use of our website is deemed to be your
acceptance of the modified terms of use and/or the modified
privacy policy. You should, therefore, review
this page regularly to ensure that you are aware of all
improvements, changes and modifications made.
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2. Data and information: access and download licence
2.1
Unless otherwise stated, the data and information you can access
on this website has been developed and compiled by CAF or one
of its licensors and as such is protected by copyright, database
and other laws concerning intellectual property. All rights
in relation to such data and information (as well as in relation to
the organisation and layout of our website and the underlying
software code) are reserved by CAF and its licensors.
2.2
You may access, download and print the data and information and
retain that data and information as a data source for
yourself. You may use the information and data only for your
own informational purposes and, provided that in each case you
comply with the associated conditions that make use for such
purposes lawful, for purposes that constitute “fair dealing” within
the meaning of the Copyright, Designs and Patents Act 1988 and for
those purposes which that Act and/or the Copyright and Rights in
Databases Regulations 1997 declare not to constitute infringement
of the intellectual property rights with which they deal.
2.3
The download licence in paragraph 2.2 is personal, non-exclusive
and non-transferable and is given on the following basis:
(a) no documents or related graphics on this web site are
modified in any way;
(b) no graphics on this website are used separately from
accompanying text; and
(c) copyright and trade mark notices and this permission
notice appear in all copies.
2.4
Except as provided in paragraphs 2.2 and 2.3 you may not
otherwise access, download, copy or use any of the data or
information on this website, and under no circumstances may
you sell it or otherwise seek to turn it to account, directly or
indirectly. Similarly, except as provided in those
paragraphs, no part of this website may be reproduced or stored in
any other website or included in any public or private electronic
retrieval system or service without CAF’s prior written permission
or that of the relevant licensors.
2.5
The data and information is provided by CAF and its licensors at
no cost to users of this site on an “as is” basis, to provide
information about CAF, philanthropy generally, methods of
charitable giving, the charities which have
supplied information about themselves for this site and to
facilitate the building of relationships between donors and
charities. CAF and its licensors may make changes to such data
and information at any time without notice
Given the basis on which the data and information is being
provided:
(a) no commitment is given to update the data and
information on this website nor is any assurance given that it
is accurate, complete or up-to-date; and
(b) to the maximum extent permitted by law, CAF provides
you with this web site on the basis that CAF excludes all
representations, warranties, conditions and other terms
(including, without limitation, the conditions implied by law
of satisfactory quality, fitness for purpose and the use of
reasonable care and skill) which but for this provision might
have effect in relation to this website.
2.6
Users of this site should also note that the inclusion on this
site of data or information about charities or other third parties,
or links to their web sites, does not in any way constitute an
endorsement by CAF of any such charity or third party, whether as
to its financial condition or prospects, its charitable or other
status, its continuance in good standing or its aims and
objectives. CAF does not verify any of the data and information
made available by such charities and third parties either on this
site or on their own websites, the responsibility for that data and
information remaining with those charities and third parties.
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3. Availability of access
3.1
While we endeavour to ensure that this website is normally
available 24 hours a day, we shall not be liable if for any reason
it is unavailable at any time or for any period.
3.2
Access to this website may be suspended temporarily and without
notice in the case of system failure, maintenance, upgrade or
repair or for reasons beyond CAF’s control.
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4. Website material and user conduct
4.1
Other than personally identifiable information, which is covered
under our privacy policy, any material you transmit or
post to this website shall be considered non-confidential and
non-proprietary. CAF shall have no obligations with respect to such
material. CAF shall be free to edit, copy, disclose, distribute,
incorporate and otherwise use such material and all data, images,
sounds, text and other things embodied therein for any and all
commercial or non-commercial purposes.
4.2
You are prohibited from posting or transmitting to or from this
website any material:
(a) that is threatening, defamatory, obscene, indecent,
seditious, offensive, pornographic, abusive, liable to incite
racial hatred, discriminatory, menacing, scandalous, inflammatory,
blasphemous, in breach of confidence, in breach of privacy,
misleading, fraudulent, unlawful, constitute a contempt of court or
otherwise be prejudicial to the administration of civil or criminal
justice; or
(b) that is in breach of any third party’s intellectual or
other property rights or interests;
(c) which may cause annoyance or inconvenience; or
(d) for which you have not obtained all necessary licences
and/or approvals; or
(e) which constitutes or encourages conduct that would be
considered a criminal offence, give rise to civil liability, or
otherwise be contrary to the law of or infringe the rights of any
third party, in the UK or any other country in the world; or
(f) which is technically harmful (including, without
limitation, computer viruses, logic bombs, Trojan horses, worms,
harmful components, corrupted data or other malicious software or
harmful data).
4.3
You may not misuse the website (including, without limitation,
by hacking) and may only use the website for lawful and proper
purposes, in compliance with all applicable laws, regulations and
codes of practice and otherwise in accordance with the other
provisions of these terms of use.
4.4
Without prejudice to paragraphs 4.2 and 4.3, by accessing our
web site you undertake that you will not:
(a) use our website in a manner which causes or may cause
any infringement of the rights of any other;
(b) use any software, routine or device to interfere or
attempt to interfere electronically or manually with the
operation or functionality of our website including but not
limited to uploading or making available files containing
corrupt data or viruses via whatever means;
(c) deface, alter or interfere with the front end ‘look and
feel’ of our website or the underlying software code; or
(d) take any action that imposes an unreasonable or
disproportionately large load on our website or related
infrastructure.
4.5
CAF shall fully co-operate with any law enforcement authorities
or court order requesting or directing CAF to disclose the identity
or locate anyone posting any material in breach of any of
paragraphs 4.2 to 4.4 inclusive.
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5. Links to and from other web sites
5.1
Links to third party websites on this website are provided
solely for your convenience. If you use these links, you leave this
web site. CAF has not reviewed these third party websites and does
not control and is not responsible for those websites, their
content or availability, and in particular CAF is not responsible
for any information, goods or services contained, offered,
described or made available on, or accessible through, those
websites or by any means referred to on those sites. CAF therefore
does not endorse or make any representations about those websites,
or any material found there, or any results that may be obtained
from using them. If you decide to access any of the third party
websites linked or accessible through those that are linked to this
website, you do so entirely at your own risk.
5.2
If you would like to link to or otherwise make use of any part
of this website, you may only do so subject to the following
conditions unless in any particular case CAF’s express prior
written permission is obtained
(a) you do not remove, distort or otherwise alter the
size or appearance of any graphics or logos;
(b) you do not create a frame or any other browser or
border environment around this website;
(c) you do not in any way imply that CAF is endorsing any
products or services other than its own;
(d) you do not misrepresent your relationship with CAF nor
present any other false information about the CAF;
(e) you do not otherwise use any trade or service marks
displayed on this web site without prior express written permission
from CAF;
(f) you do not link from a web site that is not owned by
you; and
(g) your web site does not contain the sort of content that
is described in paragraph
4.2 (a) – (e) inclusive above, infringes any intellectual property
rights or other rights of any other person or otherwise does not
comply with all applicable laws and regulations.
If you wish to link to or otherwise make use of any part of this
website on any other basis, or you are unsure whether your proposed
linking arrangements will contravene these terms of use please
contact
CAF.
5.3
CAF expressly reserves the right to revoke the right granted in
paragraph 5.2 if at any time CAF in its absolute discretion
considers a link is: (a) inappropriate or controversial; or
(b) for breach of these terms and in either case CAF may take any
action it deems appropriate.
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6. Sanctions for breach of these terms of use
7.1
Where we believe, in our absolute discretion, that you are in
breach of any of these terms and conditions we will be entitled
without prior notice to deny you further use of our website
and/or to remove from our website all information you have made
available on or through our website. If we take either or both of
these courses of action our doing so will in all instances be
without prejudice to any of our other rights, at law or
otherwise.
7.2
You agree to indemnify and keep us indemnified from and against
any and all actions, proceedings, costs, claims, damages, losses
and expenses of whatsoever nature and howsoever arising as a result
of or in connection with any breach by you of these terms and
conditions, including any failure to indemnify us as required
by this provision.
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7. Exclusion of liability
8.1
CAF, its licensors (whether or not involved in creating,
producing, maintaining or delivering this website), and the
trustees, officers, directors, employees,
contractors, shareholders or agents of each of them, exclude
all liability and responsibility for any amount or kind of loss or
damage that may result to you or a third party (including without
limitation, any direct, indirect, punitive or consequential loss or
damages, or 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 whether in tort (including
without limitation negligence), contract or otherwise) in
connection with this website in any way or in connection with the
use, inability to use or the results of use of this website, any
websites linked to this website or the material on or accessible
through such websites, including but not limited to loss or damage
due to viruses that may infect your computer equipment, software,
data or other property on account of your access to, use of, or
browsing this website or your downloading of any material from this
website or from any websites linked to this website or from any
websites accessible through those that are linked to this
website.
8.2
Nothing in these terms of use shall exclude or limit CAF’s
liability for:
(a) death or personal injury caused by negligence (as such
term is defined by the Unfair Contract Terms Act 1977); or
(b) fraud; or
(d) any liability which cannot be excluded or limited under
applicable law.
8.3
If your use of material on this website results in the need for
servicing, repair or correction of equipment, software or data, you
assume all costs thereof.
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8. Entire agreement
These terms of use contain all the terms of your agreement with
us relating to your use of our website. No other written or oral
statement, whenever made (including statements in any brochure or
promotional literature or materials published by us), will be
incorporated.
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9. Governing law and jurisdiction
Your use of our website, any information downloaded from it and
the operation of these terms and conditions will be governed by and
construed in accordance with the laws of England and Wales and you
agree to submit to the exclusive jurisdiction of the English Courts
in relation to any action, proceeding, claim, dispute or difference
arising out of your use of our website or otherwise in connection
with our website.
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