Website Terms and Conditions of Use (“the Website Terms”)
This page states the terms and conditions under which you may use the website located at www.givingwithcertainty.co.uk (the “Website”). Please read this page carefully. If you do not accept the terms and conditions stated here, do not use the Website.
Your use of the Website is also governed by the Privacy Policy applicable to the Website ("Privacy Policy"), the provisions of which form part of these Website Terms. Your use of the Online Services is governed by the Web Site Terms of Sale.
Will Certainty is a limited company registered in England and Wales under company number 05914179 and Data Certainty is a limited company registered in England and Wales under company number 06256187 both have their registered office at The Chapel, Chapel Lane, Lapworth, B94 6EU. Will Certainty and Data Certainty are collectively referred to as “Certainty” and/or “we/us” throughout.
We are registered as a data controller in the Data Protection Register as required by the Data Protection Act 1998.
Giving with Certainty is an online advertising business. It exists in order to facilitate the provision and centralisation of information, available on the internet, which pertains to the act of leaving a Legacy Gift to UK-registered charities. The site contains a database of UK charities which visitors are able to search through by “region”, “area of activity” or “charity name”. The site also contains information concerning Legacy Giving, Charity Donation and Legacy Gifting.
1. USE OF MATERIAL
1.1. The Website contains;
1.1.1. information and content, such as text, graphics, software, images and other such materials created by Certainty (the “Certainty Material”); and,
1.1.2. other content created by third parties, by you and by other users of the Website (the “User Material”).
1.2. Certainty Material and User Material are collectively referred to as “Material” throughout.
1.3. The Certainty Material is protected by (without limitation) copyright, database rights, registered designs, unregistered design rights, registered trade marks, passing-off rights or rights protected under unfair competition laws, all of which may be protected under both English and foreign laws ("Intellectual Property Rights"). Unauthorised use of the Certainty Material by you may violate Certainty's Intellectual Property Rights.
1.4. In connection with your use of the Website you will:
1.4.1. only view and use the Website for your own purpose and you may not sell, publish or modify the Certainty Material or reproduce, display, publicly, perform, distribute, store, retransmit or otherwise use the Certainty Material in any way for any public or commercial purpose;
1.4.2. not use nor interfere with the Website other than in accordance with these Website Terms and (without limitation) not in any way so that all or part of the Website or the Material is or could be interrupted, reproduced, stored, retransmitted, published, damaged, rendered less efficient, corrupted or in any way impaired;
1.4.3. not use the Website nor the Material in any manner which constitutes an infringement of any third party rights (including Intellectual Property Rights);
1.4.4. not use the Website nor the Material to transmit any information or content for the purposes of publicity, promotion and/or advertising without the prior written consent of Certainty. You must retain all copyright and other proprietary notices contained in he original Certainty Material on any copy you make of the Certainty Material;
1.4.5. not send a message or communication which is offensive, abusive, defamatory, obscene, menacing or illegal;
1.4.6. not cause annoyance, inconvenience or needless anxiety to, or breach the rights of any other person;
1.4.7. not perform any illegal activity;
1.4.8. not receive, use, possess, post, transmit or publish obscene material;
1.4.9. not upload, post, publish or transmit any material which is protected by copyright other Intellectual Property Right or Data Protection legislation without the prior written consent of its owner;
1.4.10. not introduce viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful;
1.4.11. not gain or attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website;
1.4.12. not attack the Website via a denial-of-service attack or to distribute a denial-of service attack.
1.5. You agree not to attempt to reverse engineer, decipher, decompile or disassemble the Website or the Material or knowingly allow others to do so, except to the extent that applicable laws specifically prohibit such restriction. You may not modify the Material or create derivative works of the Material. You also may not onward transmit or distribute the Material electronically or via the internet.
1.6. The use of the Material on any other website or as part of a bureau or other hosted online service is prohibited.
1.7. Givingwithcertainty.co.uk allows you to search for charities, solicitors and to contact the organisations that provide these services. You are allowed to use the website and the results of any search you carry out on the website for this purpose unless this is not allowed under paragraph 1.10 of these conditions.
1.8. We may limit your access to some parts of the website depending on whether you have registered with us. Please do not tell other people your log in, password or any other piece of information that is part of our security procedures. We take steps to prevent people misusing the website and to make sure that our rights are not affected.
1.9. We process information about you in line with our Privacy Policy. By using the website, you agree to the way in which we process your personal information.
1.10. You cannot use the website:
1. for any unlawful purpose;
2. to harm, threaten, abuse or harass another person, or in a way that invades someone's privacy or is (in our reasonable opinion) offensive or is unacceptable or damaging to Data Certainty, Will Certainty & Giving with Certainty;
3. to create, check, confirm, update or amend someone else's databases, records, directories, customer lists, mailing or prospecting lists;
4. to provide any kind of commercial information service;
5. as a source of material or contact data for any kind of marketing activity;
6. to tamper with, update or change any part of the website;
7. in a way that affects how it is run;
8. in a way that imposes an unreasonable or disproportionably large burden on Data Certainty, Will Certainty & Giving with Certainty communications and technical systems as determined by us; or
9. using any automated means to monitor or copy the website or its content, or to interfere with or attempt to interfere with how the website works.
1.11 You must not artificially increase the number of click counts or click-throughs for any advertisement or advertiser, including by:
1. any manual means (such as repeatedly clicking on adverts or refreshing pages);
2. any automated means (such as computer-generated search requests or similar devices); or
3. asking someone to carry out these activities (including by offering any benefit or incentive).
1.12 We have the right to investigate your online activities for 'click-fraud' or any similar activity. You agree to provide reasonable help with these matters.
Providing material to Giving with Certainty
1.13 If you provide any material to the website (for example, a charity description), you agree to grant us permission, free of charge, to use your material in any way we want (including altering and adapting it for operational or editorial reasons) in any media worldwide. In certain circumstances, we may share your material with other trusted organisations.
1.14 After posting or emailing your material to the website, you continue to own that material, and you continue to have the right to use your material in any way you choose.
1.15 Please choose carefully any information you post on the website, as it will be available for public viewing. By providing any material to the website, and for us to be able to use it, you confirm that:
1. your material is your own original work or you are authorised to provide it to the website;
2. your material is not defamatory (that is, it does not damage someone's good reputation), does not take away or affect any other person's privacy rights, copyright, contract rights or any other rights, and does not otherwise break any laws of England and Wales; and
3. that you have the right to give us permission to use it for the purposes specified above.
1.16 You acknowledge that we do not have a duty to publish any material you have provided.
1.17 We have the right to:
1. reject or refuse to post any material you have provided;
2. remove any material from the website, whether or not the material goes against any of these conditions; or
3. restrict, suspend or stop your access to all or any part of the website at any time.
1.18 We will usually display your name with your material on the website, unless you ask us not to (as long as it is possible to do this). We may need to contact you for administrative purposes or to make checks on your material. For full details of when and how we may contact you, please see our Privacy Policy
1.19. If you do not want to grant us the permission set out above on these terms, please do not provide any material to the website.
Disclaimers
1.20 Please be aware of the following:
1. You use the website at your own risk.
2. We advise you to make sure you are satisfied with the exact type and nature of services being offered by any organisations you search for using the website. We are not an agent for and do not give guarantees for these organisations or their services.
3. You should not rely on the website for advice.
4. The website contains hyperlinks to websites run by companies other than Data Certainty, Will Certainty & Giving with Certainty. We do not control, and are not responsible for, any other websites made available from or through the website. We do not give any guarantees about their content or how they work. You access and use these sites at your own risk and will need to keep to any conditions of use that apply to those sites. We do not approve or sponsor any products, services or content you access or buy through these websites.
1.21 As far as the relevant laws allow, neither Data Certainty, Will Certainty & Giving with Certainty nor, any officers, staff or other organisations connected to us give you any guarantees that:
1. there will be no problems with how you use the website; or
2. the computer or server you use to log on to the website is free of viruses or other harmful programmes.
1.22 If you breach any of these Website Terms your permission to use the Material automatically terminates and you must immediately destroy any copies you have made of the Material.
2. CERTAINTY'S LIABILITY
2.1. The use of the Website and the Material is at your own risk. Changes are periodically made to the Website and may be made at any time.
2.2. Whilst we will do what we reasonably can to maintain an Internet presence for the Website and we will carry out regular virus checking of the Website server, Certainty does not warrant that the Website will be available at all times, operate error-free or that the Website and its server are free of computer viruses and other harmful code. If your use of the Website or the Material results in the need for servicing or replacing equipment or data, to the extent permitted by law (and subject to Clause 2.5) Certainty is not responsible for those costs. You are recommended to take all appropriate safeguards before downloading information from this Website.
2.3. The Website and Material are provided on an “as is” basis without any warranties of any kind. Certainty and its suppliers, to the extent permitted by law (and subject to Clause 2.5), disclaim all warranties, including (but not limited to) the warranty of merchantability, non- nfringement of third parties' rights, and the warranty of fitness for particular purpose. Whilst we will do what we reasonably can to maintain the accuracy of the Certainty Material, to the extent permitted by law (and subject to Clause 2.5) Certainty and its suppliers make no warranties about the accuracy, reliability, completeness or timeliness of the Material, the Website, services, software text, graphics and links or about the results obtained from using them.
2.4. Subject to Clause 2.5, Certainty will not be liable in any way for any increased costs or expenses, loss of profit business contracts revenues or expected savings or any special indirect or consequential damage whatsoever arising out of any provision or use of the Online Services, the Website or of any error or defect in either or of the performance non-performance or delayed performance of the Online Services by us.
2.5. Nothing in these Website Terms will exclude or limit our liability for death or personal injury caused by our negligence or for fraud or fraudulent misrepresentation.
3. LINKS TO OTHER SITES
3.1. The Website may contain links to third party websites. These links are provided solely as a convenience to you and not as an endorsement by Certainty of the contents on such third party websites.
3.2. Certainty is not responsible for the content of linked third party sites and do not make any representations regarding the content or accuracy of materials on such third party websites. If you decide to access linked third party websites, you do so at your own risk.
3.3. You may enter into or seek to enter into transactions with third parties in relation to the Material via the Website. Certainty will not be a party to such transactions and will not be liable whether in contract, tort (including without limitation liability for negligence), or otherwise for any loss, or cost of damage incurred by you arising out of or in relation thereto.
4. THIRD PARTY SOFTWARE
To make full use of the Website or links to other websites it may be necessary to use particular computer equipment or to download or install certain pieces of software. If you are unable to access all or part of the Website because it does not automatically include access to any necessary software or equipment, this shall not constitute a breach of any agreement by Certainty and to the fullest extent permissible by law Certainty shall not be liable for any loss, damage or expense which may result from your inability to access the Website.
5. USE OF PERSONAL INFORMATION
We may use your information to process your service requests, provide you or your client(s) with password access, personalise your visit to our site and to enable us to review, develop and improve the products, services, and special offers we provide online. We may occasionally carry out market research and send you details of services and offers that we think will be of interest to you. If you do not wish to receive such information, please ensure you e-mail customerservice@certainty.co.uk or alternatively when we send you an e-mail, you can use the opt-out link provided.
6. INDEMNITY
You agree to indemnify and keep indemnified Certainty, its partners from time to time being, its employees and agents, from and against any claims, liabilities, damages, costs, actions or demands, including without limitation reasonable legal and accounting costs, alleging or resulting from your use or misuse of the Material or your breach of these Website Terms, except to the extent that such claims, liabilities, damages, costs, actions or demands are caused by Certainty.
7. TERMINATION
If you materially breach these Website Terms, Certainty shall have the right to terminate these Website Terms (and suspend your use of the Website and the Online Services) straight away if the breach is capable of being remedied and has not been remedied within 14 days of receipt of written notice requiring it to be remedied. If the breach is not capable of being remedied Certainty may immediately terminate these Website Terms (and your use of the Website or Online Services).
8. WRITTEN COMMUNICATIONS
When using our Website, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
9. EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations to provide the Online Services that is caused by events outside our reasonable control.
10. MISCELLANEOUS
Except as expressly provided in a particular Policy or material on particular web pages of the Website, these Website Terms the Terms of Sale and Privacy Policy constitute the entire agreement between you and Certainty with respect to use of the Website. Any clause in these terms and conditions that is found to be invalid or unenforceable shall be deemed deleted and the remainder of these terms and conditions shall not be affected by that deletion. No waiver of any term shall be deemed a further or continuing waiver of such term or any other term. Nothing in these terms and conditions shall confer on any third party any benefit or the right to enforce any provision of these terms and conditions. We have the right to amend these Website Terms from time to time on 28 days notice to you. Continued use of the Website constitutes your agreement to all such revised Website Terms.
11. Information.
If we do not keep to these conditions, we will only be liable for losses you have suffered as a direct result. We are not liable to you for any other loss whether they are because we have not kept to our obligations or contract, because of something we have not done, due to defamatory statements or liability for a product or otherwise as a result of:
1. using or relying on the website;
2. not being able to use the website;
3. any mistake, fault, failure to do something, missing information, or virus on the website or if it does not work properly because of incidents outside of our control such as (but not limited to) interruptions to communication and networks and circumstances beyond our control;
4. theft, destruction of information or someone getting access to our records, programs or services without our permission;
5. services or information received through or advertised on the website or any links provided by the website; or
6. any information, data, message or other material which you e-mail, post, upload, reproduce, send, or otherwise distribute or receive using the website.
The whole agreement
25. These conditions make up the whole agreement between you and us in how you use the website. If a court decides that a condition is not valid, the rest of the conditions will still apply.
21. LAW AND JURISDICTION
These Website Terms and your use of the Website and the Online Services will be governed by English law. Any dispute arising from, or related to your use of the Website or the purchase of our Online Services shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
22. ACCESS TO THIS WEB SITE
Access to this Website may not be legal by certain persons or in certain countries. If you access the Website from outside of the United Kingdom and Ireland you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
