Below are Tearfund’s standard online terms and conditions. The document was drawn up by Tearfund’s legal specialists and we have been advised to place it on our website.
While this document may look frightening, most of the terms and conditions exist to protect you (for example, to give assurances about how we will handle the information you give to us) and to protect Tearfund (for example, if people attempt to hack into the Tearfund website).
We have a separate set of terms and conditions for the Living Gifts scheme, which can be viewed here.
Some words and phrases in these terms and conditions have a technical meaning. We have included definitions of them in the Glossary, and where we use them here they have initial capitals (eg “Online Services”). The Glossary forms part of these terms and conditions.
Use of the Online Services
1 Your licence to use the Online Services
1.1 The Online Services are made available for your private or personal use, or otherwise in pursuit of Tearfund’s charitable objects, subject to our Terms.
1.2 You may not attempt to:
(a) interfere with the proper working of the Online Services,
(b) circumvent our security measures or tamper with, hack into, or otherwise enter any of our electronic equipment.
2 Terms of licence
2.1 We offer our Online Services for your convenience and ours.
2.2 We may change our Terms or stop offering the Online Services at any time, for any reason.
3 Payments
3.1 We reserve the right to obtain validation of your Account.
4 Responsible use of the Online Services
4.1 You undertake to use reasonable care not to:
(a) introduce any material to the Online Services that breaches any applicable law (whether civil or criminal) or creates a liability under any applicable law (whether civil or criminal),
(b) introduce any immoral, offensive or other inappropriate material to the Online Services, and
(c) seek to use the Online Services outside the terms of the licence we grant to you, or to gain unauthorised access to the Online Services by any means.
4.2 You undertake to use utmost care to ensure that:
(a) all details you give us for making payments using the Online Services are correct, and
(b) any Account you use to make payments using the Online Services has sufficient funds or credit facilities to cover the payment you make.
4.3 When you submit material for public posting via the Online Services, you licence us to post all or part of the material you supply on an exclusive, royalty free basis and for a perpetual term. We reserve the right to decide not post the data, to amend the data and to remove it.
4.4 Some of the Online Services (for example, discussion boards) enable third parties to publish material via the Online Services. You acknowledge and accept that we do not control or endorse posted material in any way. Please contact us at enquiry@tearfund.org to express concerns about material published via the Online Services. We will make reasonable efforts to monitor such material but we exclude responsibility for it to the extent permitted by applicable law.
4.5 If you let someone else use the Online Services via your username and password you are responsible for their use.
4.6 We reserve the right to destroy or return Messages if we cannot identify the sender or caller.
5 Our content
5.1 Although we will use reasonable efforts to keep the content on the Online Services complete and accurate we do not guarantee it will be complete and accurate.
5.2 Once we have put content onto the Online Services we will not normally try to keep it up to date. This applies particularly (but not exclusively) to archived content on the Web Services.
5.3 When we make available guidelines or instructions for carrying out activities you must not rely on them as stating best, recommended or safe practice. Before you engage in such an activity you should consult an appropriately qualified independent adviser. See condition 7.2.
6 Termination of licence
6.1 We can suspend or terminate your licence to use the Online Services, or bar you from using the Online Services, in each case at any time and for any reason and without giving any reason.
6.2 If we suspend or terminate your licence or bar you, it will take effect immediately.
6.3 We may refuse any request by you to register for Subscriber Services.
7 Our liability
7.1 If we are liable to you for any reason, our liability will be limited to £10. (This limit does not apply to any liability we may have for death or personal injury resulting from our negligence or for our fraudulent misrepresentation.) In view of the fact that we provide the Online Services free of charge, you agree that this limit is reasonable.
7.2 We accept no liability in the event that you do not follow our advice in condition 5.3, above.
8 Websites linked to ours
8.1 We outsource some of the Online Services, which means those services will be provided to you by another organisation. It is important to distinguish between outsourced Online Services (for which we take some responsibility) from links between our Online Services and all other services provided by third parties, for which we take no responsibility.
8.2 We will give you clear indication when you are using outsourced Online Services.
8.3 All the Online Services are controlled by us from our office in Teddington, Middlesex.
9 General
9.1 Click here for general contact details and information about our regulators.
9.2 If any provision of these terms and conditions is declared illegal, invalid or unenforceable for any reason whatsoever, that provision will be deemed to be deleted from them without affecting the other terms.
9.3 These terms and conditions do not confer any rights on any person or party (other than you and/or us) pursuant to the Contracts (Rights of Third Parties) Act 1999.
9.4 Except in respect of a payment obligation, neither you nor Tearfund will be held liable for any failure to perform any obligation due to causes beyond your or our respective reasonable control.
9.5 Failure or delay by either party enforcing an obligation or exercising a right under these terms and conditions does not constitute a waiver of that right or remedy.
9.6 English law applies to these terms and conditions, notwithstanding the jurisdiction where you are based. It is agreed that the courts of England have exclusive jurisdiction to settle any dispute which may arise out of, under or in connection with these terms and conditions. The place of contractual performance and commission of tort by you or us is England.
9.7 If you visit our website from another location you are responsible for satisfying yourself that you can lawfully use the Online Services.
Confidential and private information
10 Your information
10.1 In these Terms “Information” means the types of information referred to in the first column of the following table.
Click here to see how we protect your Information.
|
Information we collect |
Methods of collecting your Information |
Storing your Information
|
Our use of Information |
|
Information you give us, such as your name and postal and e-mail addresses |
· Information you submit to us via on-line forms
· E-mails (and attachments) and other Messages from you |
· We store your personal details in our electronic database on our servers
· We will keep Messages whilst we are dealing with them
· We may archive Information received from you |
· To perform the Online Services for you
· To perform other services for you (as you require) |
|
Telephone call information, such as the number of any telephone you use to call us, and details of conversations |
· We may identify telephone numbers via displays on our telephone handsets or by asking you
· We may record telephone conversations
· We may take notes of telephone conversations |
· We will keep telephone call information whilst we are dealing with telephone calls
· We may archive telephone call information we receive from you |
· To perform the Online Services
· To perform other services for you (as you require) |
|
Internet browsing information, such as the location of your host server |
· Records of the times and dates on which you use Subscriber Services, and which of our web pages you access
· We can identify your host server using website management software |
· We will keep information about Website traffic
· We may keep information about your host server
· We may use Cookies to store information on your computer to enable Online Services to function |
· To perform the Online Services
· To monitor and improve the Online Services
· To protect the Websites and our systems |
11 Controlling our collection of your Information
11.1 You can withhold Information from us which we ask you to supply voluntarily. If we have insufficient Information, however, we may be unable to perform the Online Services or other services.
11.2 You can withhold your telephone number by dialing 141 before you call us (or the equivalent on your network – please check with your provider).
11.3 You can stop our websites saving Cookies on the computer you use to browse the internet by adjusting your browser’s security settings to maximum security. If you refuse to accept Cookies you may not be able to make full use of our Online Services.
12 User accounts
12.1 We will set up an online user account when you register to use the Subscriber Services. We will store the personal details you give us on registration.
You can de-register or amend your details at any time by contacting us at enquiries@tearfund.org. In the meantime we will store your Information in our database subject to the Terms.
13 Confidential information
13.1 If we mark anything as being confidential you must treat it as being confidential to Tearfund. You must not disclose it to anyone else without our prior written consent. We will do likewise if you mark anything as being confidential.
13.2 You are solely responsible for all use of and for protecting the confidentiality of any security information (for example, a username and password) needed for access to the Online Services. If the confidentiality of your username or password is breached you should notify Tearfund so that we can cancel the breached account. If you want to share access with someone else (for example, a minor) or run an account for a group of people we recommend that you register a separate username and password.
How we handle your Information
14 Data security and confidentiality
14.1 We take reasonable measures to keep your Information secure and to keep the Online Services free from malicious code, but you must rely on your own safeguards, such as virus checking software, firewall software and using usernames and passwords and keeping them secret.
15 Data Protection Act compliance
15.1 We are committed to complying with the Data Protection Act 1998 and the EC directive on the protection of individuals with regard to the processing of personal data (Directive 95/46/EC).
15.2 Tearfund and Tearcraft are registered with the Office of the Information Commissioner as data controllers pursuant to Part III of the Data Protection Act 1998 with registration number Z5591244.
15.3 We treat all your Information as Sensitive Personal Data. We will not process any of your Personal Data without your specific consent.
15.4 We reserve the right to disclose your Information to any regulatory authority in any jurisdiction, including tax and customs authorities and financial regulators.
16 Protecting your Information
16.1 We will not sell your personal data to any person. We will only transfer it within our group of companies to fulfill our obligations to you, and as regulatory authorities may require.
16.2 We do not allow anyone direct access to the Information other than directors, officers, employees and servants of companies in our group, and to contractors under our direct control, in each case on the basis of strict confidentiality.
16.3 We permit selected third parties to advertise via the Online Services using hyperlinks and Banners. The hyperlinks and Banners may link you to third party sites which could contain software designed silently to collect information about you using cookies or Web Beacons. Those advertisements are the responsibility of the third parties.
Intellectual property
17 Copyright, design and database right
17.1 The Online Services and all intellectual property rights in them are the property of Tearfund or its group companies, who have sole legal and beneficial title, except where we state otherwise. All copyright, design rights and database rights and other intellectual property rights in the Online Services are reserved in all jurisdictions.
17.2 Banners are the property of the third party provider of the banners.
18 Trademarks
18.1 Trademarks, service marks, brand names and logos displayed via the Online Services are the registered and unregistered trademarks of Tearfund or its group companies, who have sole legal and beneficial title, except where we state otherwise.
18.2 You can use the logos but only with our permission and in accordance with our logo use policy. Please contact enquiries@tearfund.org to seek our permission and to get a copy of our policy.
18.3 Tearfund® is the registered trade mark of Tearfund, registered with trademark number 2156939 in classes 16, 36 and 41.
18.4 Tearfund’s seed head logo is a registered trade mark of Tearfund, registered with trademark number 2156940 in classes 16, 36 and 41.
19 Infringements
19.1 If you think our intellectual property rights are being infringed, or if you think we may be infringing some else’s intellectual property rights, please contact enquiries@tearfund.org.