Terms and conditions

QUEENS’ COLLEGE, GIVING DAY WEBSITE

TERMS OF USE

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE

  1. Who we are
    1. Queens’ College (“Us”, “us”, “Our”, “our”, “We”, “we”) has our registered office at Queens' College, Cambridge, CB3 9ET, United Kingdom. We are registered in England and Wales, with company registration number RC000422. Our VAT number is 636895193. We are a charity with charity registration number 1137495. Our main trading address is Queens' College, Cambridge, CB3 9ET, United Kingdom.
  2. Your Agreement with us
    1. These terms and conditions (“Terms of Use”), any specific policies referred to within these Terms of Use along with our privacy policy at https://www.queens.cam.ac.uk/alumni-support/giving-to-queens/data-protection (“Privacy Policy”) apply to your use of the Website at https://queensgivingday.queens.cam.ac.uk/ (the “Website”) and shall, in addition to any information you provide in order to register as a user of the Website, constitute a legally binding agreement entered into by you and us upon and subject to such terms (the “Agreement”).

    2. You use the Website when you engage with it in any way, for example by accessing, browsing (whether as a guest or a registered user) and when you register as a user or otherwise use any of the services that are provided on the Website as further described in clause 13 (the “Services).
  3. Your Acceptance
    1. Please read these Terms of Use and our Privacy Policy carefully before you start to use the Website. By using the Website, you confirm that you accept and shall comply with all terms and conditions and you understand that you will be bound by the Agreement.
  4. Eligibility
    1. By using the Website, you confirm that you are eligible to use the Website. This means that you confirm that:
      1. you are over 18 years of age and of legal age to form a binding contract;

      2. any registration or other information you submit is truthful and correct;

      3. you are not prevented, prohibited or restricted from using the Website under any laws applicable to your use (for example, the laws of England and Wales or the laws of the country in which you are resident and/or from which you use the Website, as applicable).
    2. In addition to our rights at clause 14.1, we reserve the right to: (a) refuse the Services to anyone at any time without notice and for any reason; and (b) change the eligibility criteria at any time without notice and for any reason
  5. Third Parties
    1. The Website is provided on our behalf by our third-party service provider, Sponsorcraft Ltd. Sponsorcraft Ltd has no contractual relationship with you, except in relation to any third-party rights which Sponsorcraft Ltd may enforce under these Terms of Use and which are expressly stated. No other third party has a right to rely on or enforce any of the terms of the Agreement.

    2. The Website may contain links to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Website. You acknowledge that the existence of such links does not suggest any form of association between us and such parties and/or websites, services or resources and we do not in any way endorse, nor are we responsible or liable for the content or any aspect of such websites, services or resources.

    3. Your use of any other websites, services or resources (including those operated by Sponsorcraft Ltd or any other third-party), shall be at your own risk and subject to the legal terms which govern usage of those websites, services or resources and we shall have no responsibility whatsoever for any damage or loss caused sustained by you as a result of such usage.
  6. Promotion of the Website by you (e.g. through social media channels)
    1. You may link to any page of the Website, provided you do so in a way that is fair and legal and does not damage our 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 our part where none exists. You must not establish a link to the Website in any website that is not owned by you or which does not comply in all respects with the content requirements set out in these Terms of Use. The Website must not be framed on any other website.

    2. We reserve the right to withdraw linking permission without notice. If you wish to make any use of content on the Website other than that set out above, please contact: development@queens.cam.ac.uk.
  7. Conduct
    1. You agree to use the Website responsibly and legally and not to use the Website for any purpose that is prohibited by the Terms of Use. You are responsible for all of your activity in connection with the Website. If you breach this provision, you may be committing a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website and/or the Services will cease immediately.

    2. In relation to your use of the Website, in particular but without limiting the generality of clause 7.1, you are prohibited from taking any action which:
      1. infringes any patent, trademark, copyright, right of publicity or other such right of any other person or entity or violates any law or contractual duty;

      2. is false, misleading or inaccurate;

      3. is obscene, offensive, or unlawful in any way;

      4. constitutes spam, junk mail or advertising which has not been authorised in writing by us;

      5. results in software viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful interfering with, damaging or destroying the proper function of the Services; or

      6. impersonates any person or entity, including any of our employees or representatives.

    3. Additionally, you agree not to:
      1. take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on Sponsorcraft Ltd’s infrastructure;

      2. engage in any activity that interferes with or disrupts the Website (or the servers and networks which are connected to the Website), including (but not limited to) attacking the Website via a denial-of-service attack or a distributed denial-of service attack; or

      3. access (or attempt to access) any of the Website by any means other than through the interface that is provided by us via Sponsorcraft Ltd, unless you have been specifically allowed to do so in a separate agreement with us. You specifically agree not to access (or attempt to access) any of the Website through any automated means (including use of scripts or web crawlers) and agree not to run any form of spam or auto-responder on the Website.
  8. Content
    1. We do not guarantee that any content including (but not limited to) videos, audio clips, text, software, pictures and other features and information which we have made available as part of the Website and/or Services (“Queens’ Content”), and/or any content which you have uploaded, posted to or displayed on the Website in accordance with these Terms of Use (“Your Content”) will be made available on or through the Services. We have no obligation to monitor the content of either party. However, we, in our sole discretion, reserve the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all content from the Website at any time, without notice to you and for any reason, including, but not limited to where we are:
      1. in receipt of claims or allegations from third parties or authorities relating to such content;

      2. concerned that you may have violated the terms of the Agreement; or

      3. you are not prevented, prohibited or restricted from using the Website under any laws applicable to your use (for example, the laws of England and Wales or the laws of the country in which you are resident and/or from which you use the Website, as applicable).
    2. In addition to our rights at clause 14.1, we reserve the right to: (a) refuse the Services to anyone at any time without notice and for any reason; and (b) change the eligibility criteria at any time without notice and for any reason
  9. Our Licence to you
    1. We grant you a personal, worldwide, royalty-free, non-exclusive licence to use the Queens’ Content for the sole purpose of enabling you to use the Website only in the manner permitted by the Terms of Use and not for any commercial or business purposes.

    2. Save as permitted under clause 9.1, any use, reproduction, modification, distribution or storage of any part of the Queens’ Content is prohibited. For avoidance of doubt, you may not copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of any part of the Website unless this is expressly permitted or required by law.

    3. You acknowledge and agree that Queens’ Content may be protected by intellectual property rights which are owned by us or those who provide and license such content to us. You acknowledge and agree that you obtain no right (including any intellectual property rights that may subsist now or in the future), title or interest in or to any Queens’ Content.

    4. You may not assign or sub-license your rights under the Agreement to use the Queens’ Content neither may you transfer any of your obligations in relation to the Queen’s Content unless you obtain our permission to such assignment, sub-license or transfer (as applicable) in writing.

  10. Your Licence to us
    1. By submitting, posting, uploading or displaying Your Content you give us (with the right to sublicense/permit others who act on our behalf) a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive licence to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute Your Content (including but not limited to, if appropriate, your trademarks, logos or similar proprietary rights) for the sole purpose of enabling us to display, distribute and promote and perform the Website and/or the Services.

    2. You confirm and warrant to us that you have all the rights, power and authority necessary to grant the above licence. Other than the licence set out above, we acknowledge and agree that we obtain no right (including any intellectual property rights that may subsist now or in the future), title or interest in or to any of Your Content.
  11. Copyright issues
    1. For avoidance of doubt, you must not reproduce our logo or other intellectual property without our express written permission.

    2. If you wish to make an enquiry or report a copyright infringement, you can do so by contacting us in writing.
  12. Registration
    1. In order to use parts of the Services, you may be required to register with us and select a password and “user-name”. In such cases you shall not:
      1. create or use as a user name the name of another person with the intention of impersonating that person;

      2. use as a user name a name which is subject to any rights of a person other than you without appropriate authorisation; or

      3. use as a user name a name which is offensive or inflammatory as deemed by us in our sole discretion.
    2. Both Sponsorcraft and us reserve the right to refuse registration of or to cancel a user name in our sole discretion and to disable any user name or password, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of the Terms of Use. You agree not to use another user’s account without such other user’s express permission.

    3. You agree and understand that you are solely responsible for all activities that occur under your user-account including being responsible for maintaining the confidentiality of passwords associated with any user-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 user-account, you agree to immediately notify both us and Sponsorcraft Ltd in writing.
  13. The Services
    1. The Website provides you with the facilities to make charitable donations to us and full details of this service can be found on the Website. All donations shall be processed in accordance with our Gift Acceptance Policy and Fundraising Promise which can be found at: https://www.queens.cam.ac.uk/alumni-support/giving-to-queens/gift-acceptance-policy-fundraising-promise.

    2. Donations made through the Website are collected for us by Stripe which is a third-party payment service that allows us to accept and process credit card, debit card and other types of card payments. Neither us nor Sponsorcraft Ltd is responsible or liable for any performance of Stripe.

    3. We may include a Gift Aid option for donations and any such option will be subject to the additional legal terms covering this.
  14. Termination
    1. We reserve the right to terminate your user-account or restrict access to all or any part of the Website 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 Your Content associated with your registration. If you wish to terminate your user-account at any time, please contact us by email at development@queens.cam.ac.uk. We will effect the termination of your user-account, and remove Your Content from the Website, as soon as reasonably possible upon receipt of your request to terminate.

    2. If your user-account or access to the Website is terminated under clause 14.1, this Agreement shall also terminate. However, certain legal rights, obligations and liabilities that both parties have benefited from, been subject to (or which have accrued) or which are expressed to continue indefinitely, shall be unaffected by this termination and shall continue in full force and effect. These include (but are not limited to) your obligations in relation to conduct, content, intellectual property rights and our rights in relation to content, intellectual property rights, warranty disclaimer, and limitation of liability. The “General Legal Terms” section near the end of this document shall also continue to have full force and effect.
  15. Warranty Disclaimer
    1. You agree and acknowledge that we have no special relationship with or fiduciary duty to you. You acknowledge that neither us nor Sponsorcraft Ltd can control, or have any obligation to act in relation to:
      1. the way in which you utilise the Website;

      2. what content you access via the Website; or

      3. the impact the content may or may not have on you (including any actions you may take as a result of having been exposed to such content).
    2. We do not guarantee that the Website will always be available or be uninterrupted. Access to the Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Website without notice and we will have no liability for any interruption howsoever caused.

    3. Your use of the Website and/or the Services is solely at your own risk. The Website and 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. For avoidance of doubt and without limiting the generality of the foregoing, we provide no warranty that: (a) the Website will be secure or available at any particular time or location; (b) the Website, or any content on it, will be accurate, complete, up-to-date, free from errors or omissions; (c) any defects or errors will be corrected; (d) any content or software available or used in relation to the Website is free of viruses or other harmful components; or (e) the results of using the Website and/or the Services will meet your requirements.
  16. Limitation of Liability
    1. Nothing in these Terms of Use excludes or limits the liability of either party for death or personal injury arising from negligence, for fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

    2. Nothing in these Terms of Use excludes or limits the liability of either party for death or personal injury arising from negligence, for fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
      1. your use of, or inability to use, the Website;

      2. your use of or reliance on any content displayed on the Website;

      3. data loss you may suffer or any indirect or consequential damages of any kind whatsoever (however arising); or

      4. a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any content on it, or on any Website linked to it.
    3. In no circumstances shall we be liable for loss of profits, loss of business, business interruption, or loss of business opportunity howsoever caused.
  17. Changes to the Terms
    1. We reserve the right to alter or replace these Terms of Use in which case we will post any amendments on the Website. It is your responsibility to check the Terms of Use periodically for changes, as they are binding on you. You agree that in continuing to use the Website following the posting of any changes to the Terms of Use such continued use constitutes acceptance of those changes and amends the Agreement accordingly.
  18. Electronic notification policy
    1. By using the Website, you consent to receiving communications including notices, agreements, legally required disclosures or other information in connection with the Website from us electronically.
  19. Contact Details and Customer service
    1. Where the words "in writing" appear in the Terms of Use, this includes email. If you wish to contact Queens’ College in writing, or if any provision in the Terms of Use requires you to give Queens’ College notice in writing, you can send this to Queens’ College by e-mail to development@queens.cam.ac.uk, or by pre-paid post to Queens’ College, Cambridge, CB3 9ET, United Kingdom.

    2. If you wish to make an enquiry or complaint in relation to the Website, this should be made to us in writing.
  20. General legal terms
    1. We may transfer our rights and obligations under the Agreement to another organisation. We will notify you in writing if this happens, but this will not affect your rights or our obligations under the Agreement.

    2. If we do not exercise or enforce rights or we delay in exercising or enforcing our rights under the Agreement, this will not constitute a waiver of such rights. A waiver shall only be effective if we notify you of that waiver in writing.

    3. Each of the paragraphs of the Terms of Use 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.

    4. Your statutory rights as a consumer are unaffected by the Terms of Use and you may have rights under statute additional to those granted by the Terms of Use. If in doubt you should contact your local Citizens’ Advice Bureau or Trading Standards Office.
  21. Governing Law
    1. This Agreement is governed by English law and you agree that the courts of England and Wales shall have exclusive jurisdiction to resolve any such dispute.