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PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE MALVERNIAN’S SOCIETY 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 the Malvernian Society.
Use of the Malvernian Society’s website includes accessing, browsing, or registering to use the Malvernian Society's website. Please read these terms and conditions carefully before you start to use the Malvernian Society's website, as these will apply to your use of the Malvernian Society's website.
If you do not wish to be bound by these terms and conditions, you should not continue to use or access the Malvernian Society's website or use any other of the Services. The Malvernian Society recommends that you print a copy of these terms and conditions, or save them to your computer, for future reference.
The Malvernian Society’s website is provided by the Malvernian Society’s third party service provider, Sponsorcraft Ltd, on behalf of the Malvernian Society, and these terms and conditions operate between you and the Malvernian Society 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 Malvernian Society’s 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 the Malvernian Society has no responsibility whatsoever for such usage.
The Malvernian Society's registered office is The Malvernian Society, Malvern College, College Road, Malvern, Worcestershire, WR14 3DF. The Malvernian Society is an exempt charity and its HMRC exempt charity reference number is 527573. The Malvernian Society 's main trading address is The Malvernian Society, Malvern College, College Road, Malvern, Worcestershire, WR14 3DF.
The term 'Content' means any content, including (but not limited to) videos, audio clips, text, software, pictures and other features and information which the Malvernian Society has made available as part of the Services, including content which you have uploaded to the Site in accordance with the Terms. The “Site” means the Malvernian Society.
Accepting the Terms
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. The Malvernian Society 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 the Malvernian Society; (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
The Malvernian Society 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 the Malvernian Society 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.
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 the Malvernian Society. 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. The Malvernian Society will report any such breach to the relevant law enforcement authorities and the Malvernian Society 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.
The Malvernian Society does not guarantee that any Content will be made available on or through the Services. The Malvernian Society has no obligation to monitor the Services or content. However, the Malvernian Society 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 the Malvernian Society 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.
In order to use parts of the Services, you may be required to register with the Malvernian Society and select a password and “user name”. You shall not:
The Malvernian Society 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 unauthorised use of your password or of your account, you agree to notify the Malvernian Society immediately by email to email@example.com.
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 the Malvernian Society to accept and process credit card, debit card and other types of card payments from their Donors. By registering with Stripe, the Malvernian Society 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 the Malvernian Society 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 the Malvernian Society provides links to certain third party websites does not in any way constitute endorsement of or association with such websites by the Malvernian Society. Furthermore, you acknowledge and agree that the Malvernian Society 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 the Malvernian Society’s reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on the Malvernian Society’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. The Malvernian Society 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 firstname.lastname@example.org.
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 the Malvernian Society (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.
The Malvernian Society 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 the Malvernian Society
The Malvernian Society gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive licence to use the Content provided to you by the Malvernian Society as part of the Services. This licence is for the sole purpose of enabling you to use the Services as provided by the Malvernian Society, 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 the Malvernian Society.
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 the Malvernian Society in writing.
Unless the Malvernian Society 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 the Malvernian Society 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 the Malvernian Society to display, distribute and promote the Services.
You understand that the Malvernian Society, 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 the Malvernian Society to take these actions.
You confirm and warrant to the Malvernian Society that you have all the rights, power and authority necessary to grant the above licence. Other than the limited licence set out above, the Malvernian Society 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 the Malvernian Society, you agree that you are responsible for protecting and enforcing those rights and that the Malvernian Society has no obligation to do so on your behalf.
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 The Malvernian Society, Malvern College, College Road, Malvern, Worcestershire, WR14 3DF, or by email to email@example.com.
Intellectual property rights
You agree to the Malvernian Society (and others permitted by the Malvernian Society to act on its behalf) doing the following in connection with the provision of the Services:
You hereby agree to the Malvernian Society 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.
The Malvernian Society 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 firstname.lastname@example.org. The Malvernian Society 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 the Malvernian Society 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 the Malvernian Society’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.
You agree and acknowledge that the Malvernian Society 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 the Malvernian Society is not liable for you having acquired or not acquired Content through the Site. The Malvernian Society 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. The Malvernian Society may suspend, withdraw, discontinue or change all or any part of the Site without notice. The Malvernian Society 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. The Malvernian Society, 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 the Malvernian Society’s liability for death or personal injury arising from Malvern 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 the Malvernian Society has no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
The Malvernian Society is not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of the Malvernian Society’s breach of the Terms or if it was contemplated by you and the Malvernian Society at the time we entered into this contract. The Malvernian Society 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 the Malvernian Society all communications including notices, agreements, legally required disclosures or other information in connection with the Services (collectively, "Contract Notices") electronically.
If you wish to make an inquiry or complaint, you can do so by post at The Malvernian Society, Malvern College, College Road, Malvern, Worcestershire, WR14 3DF, or by email at email@example.com.
The Malvernian Society 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 the Malvernian Society may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.
The Malvernian Society may transfer its rights and obligations under the Terms to another organisation, and the Malvernian Society will always notify you in writing if this happens, but this will not affect your rights or the Malvernian Society’s obligations under the Terms.
You agree that if the Malvernian Society does not exercise or enforce, or delays in exercising or enforcing, any legal right or remedy which is contained in the Terms (or which the Malvernian Society has the benefit of under any applicable law), this will not be taken to be a formal waiver of the Malvernian Society’s rights and that those rights or remedies will still be available to the Malvernian Society (and does not mean that you do not have to comply with your obligations). If the Malvernian Society does waive a default by you, the Malvernian Society will only do so in writing, and that will not mean that the Malvernian Society will automatically waive any later default by you.
This contract is between you and the Malvernian Society. 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.
The Malvernian Society will not file a copy of the contract between you and the Malvernian Society.
Where the words "in writing" appear in the Terms, this includes email. If you wish to
contact the Malvernian Society in writing, or if any provision in the Terms requires you to
give the Malvernian Society notice in writing, you can send this to the Malvernian Society by e-mail to firstname.lastname@example.org, or by post to the Malvernian Society, Malvern College, College Road, Malvern, Worcestershire, WR14 3DF.
The Terms, and your relationship with the Malvernian Society 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 the Malvernian Society agree that the courts of England and Wales shall have non-exclusive jurisdiction to resolve any such dispute. Notwithstanding this, you agree that the Malvernian Society shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
Effective Date: 04 April 2023