GIVE AND WIN VOLUNTARY END USER TERMS

 

 

 

These End User Terms are subject to change and were last updated on 18th December 2014.

Thank you for your interest in the Website and Give and Win Voluntary. We want your experience of our Website to be a positive one and we have provided these terms and conditions (“Terms“) to set out the important information and rules relating to all Users’ use of it.

Please ensure that you read these Terms carefully. By using the website you agree to be legally bound by these Terms, which incorporate the AUP. If you do not wish to be bound by these Terms then you must not use the Website.

The Website is owned by Capen Limited (“Capen“), a company registered in England and Wales (company number 8141955 (England)), an external lottery manager (certificate number 000-036257-R-317724-001) whose registered office is at B55, The Ugli Building, 56 Wood Land, London, W12 7SB “Capen“, “us” or “we“) and your Agreement is with us. However, the Society (as defined below) shall be entitled to enforce any of the terms and conditions of these Terms.

 


1.             Definitions

In these Terms, the following words have the defined meanings as follows:

Agreement

Has the meaning given in Clause 13.4;

AUP

Means the acceptable use policy relating to all use of the Website as revised from time to time (the current version of which is available at the following address, www.voluntary.giveandwin.co.uk);

Competition Terms and Conditions

Means the terms and conditions governing the applicable Fundraising Event(s) (and which will be made available at www.voluntary.giveandwin.co.uk);

End Useryouyour

Means the applicant for or end user of the Website and/or participator in the Fundraising Events and/or the Lottery;

Fundraising Events

Means a prize competition or other promotion operated through the Website (and excluding, for the avoidance of doubt, the Lottery);

Give and Win Voluntary

Means the lottery and website run and managed by Capen Ltd;

Intellectual Property Rights

Means patents, trademarks, service marks, design rights (whether registrable or otherwise), applications for any of the foregoing, copyright, database rights, trade or business names and other similar rights or obligations whether registrable or not in any country (including but not limited to the United Kingdom);means all copyright, patents, trademarks, service marks, design rights, rights in databases, moral rights, and other intellectual property rights in each case whether registered or unregistered and including any applications for the foregoing and all other similar rights anywhere in the world;

Lottery

Means the remote society lottery promoted by the Society and operated through the Website;

Lottery Terms and Conditions

Means the terms and conditions governing the Lottery as revised from time to time (the current version of which is available at  www.voluntary.giveandwin.co.uk);

Participating Member

means a charity which has agreed with the Society to participate in Give and Win Voluntary and to which you may Donate through the Website or which you may select as the  beneficiary of part of the proceeds of your ticket purchases to Fundraising Events and/or the Lottery;

Privacy Policy

Means the policy which governs our collection and use of your personal data which can be found on the Website at the following address www.voluntary.giveandwin.co.uk and is also available on written request at our registered address;

Registration

Means the process by which an individual that wishes to register on the Website provides registration information  through the Website and that application is accepted by (or on behalf of) us and “Register” shall be construed accordingly;

Registered User

Means a User in respect of whom Registration has been accepted by us and not terminated under these Terms;

Society

Means NCVO (The National Council for Voluntary Organisations), registered in England as a charitable company limited by guarantee.
Society Building, 8 All Saints Street, London N1 9RL. | Registered Company Number 198344 | Registered Charity Number 225922

Security Data

has the meaning given in Clause 10.1;

Third Party Content

Means any material, information, data or other content which is owned or licensed by a third party (including but not limited to the Participating Members);

Website

Means the website located at URL www.voluntary.giveandwin.co.uk and www.voluntary.giveandwin.com, including any microsite of the website. 

Society’s promoter

Richard Williams, Society Building, 8 All Saints Street, London, N1 9RL is a member of the society who is designated, by persons acting on behalf of the society, as having responsibility within the society for the promotion of the lottery.

 

2.             Registration

2.1  You do not need to register to view the Website or participate in the Fundraising Events and/or  Lottery.  However, in order to keep a record of your tickets and make the buying process a much easier we advise you register with us by completing the online registration form on the Website.

2.2   You acknowledge and agree that your application to register is subject to certain minimum requirements which are set out on the Website. The registration of all applications is subject to verification by us and we reserve the right to reject an application in our reasonable discretion without giving reasons.

 

3.             The website, Fundraising Events and the Lottery

3.1  If you have any questions or concerns about the Website and/or the Fundraising Events and/or Lottery then you should direct them to us via email at support@giveandwin.co.uk.

3.2  We reserve the right to make changes or corrections, alter, suspend or discontinue all or any part of the Website and/or the Fundraising Events and/or Lottery or any related content or your access to the same. Any modifications or additions to the Website and/or the Fundraising Events and/or Lottery shall be subject to these Terms.

3.3  The Services may include Third Party Content which may be subject to separate licenses from the relevant third party. You understand that we do not control or endorse Third Party Content. All such Third Party Content is published by us in good faith but to the extent permitted by applicable law we do not accept responsibility for the accuracy or content of it. We make no representations whatsoever about any other website which you may access through the Website or which may link to the Website and when you access such third party websites you understand and agree that they are independent from the Website and that we have no control over them and that they shall be subject to separate terms and conditions.

 

4.             Fundraising Events and the Lottery

4.1  We may host and run Fundraising Events and the Lottery on the Website from time to time for one or more societies (including the Society).

4.2  Fundraising Events hosted on the Website shall be subject to the Competition Terms and Conditions relating to the applicable Fundraising Event, which you must accept as a pre-condition of your entry. These will be made available on the Website.

4.3   The Lottery shall be subject to the Lottery Terms and Conditions, which you must accept as a pre-condition of your entry. These will be made available at www.voluntary.giveandwin.co.uk.

4.4  Without prejudice to the generality of Clauses 4.2 and 4.3, you acknowledge and agree that we may in our reasonable discretion accept or reject any entry to a Fundraising Event or the Lottery. Where we do not for any reason accept an entry, we shall refund the entry amount we received for the purchase of the ticket(s) relating to the entry. We will not take the entry amount for entry unless your entry has been accepted.

 

5.             Your use of the website

5.1  You agree that you shall only use the Website in accordance with these Terms.

5.2  You shall ensure that all of the information you provide to us (including in the course of Registration) is accurate, complete and not misleading and you agree to notify us immediately in the event that such information becomes inaccurate for any reason.

5.3  You agree to notify us by email to support@giveandwin.co.uk in the event that you come across errors, bugs or shortcomings in the Website during your use of them, including any observations or comments you may have.

 

6.             Disclaimers

6.1  Our warranties in relation to the Website and the Fundraising Events and the Lottery are set out in full in Clause 8.2. We do not make any other promises or warranties about them (other than as must be inferred as a matter of law).

6.2 This Clause 7 shall survive termination of the Agreement.

 

7.             Limitation of Liability

7.1  We will accept all liability if something we do involves fraud or causes death or personal injury where we have been negligent.

7.2 We shall operate the Website and provide the Fundraising Events and the Lottery with reasonable skill and care.

7.3  We are responsible for losses you suffer as a result of us breaking these Terms only if the losses are a direct and foreseeable consequence of us breaking the Terms. Subject to Clause 8.1, such liability shall be further limited to the amounts which you have paid to us in relation to the Fundraising Events and the Lottery under these Terms in the 12 month period preceding the date of our breach. Losses are foreseeable where they could be contemplated by you and us at the time you register. We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us in this way. By way of example, we cannot foresee that any breach by us will cause you (a) loss of income or revenue; (b) loss of business; (c) loss of profits; or (d) loss of anticipated savings.

7.4  You agree to indemnify us from any and all claims and liabilities (including legal fees) which arise from your breach of the Agreement.

7.5 This Clause 8 shall survive termination of the Agreement.

 


8.             Intellectual Property Rights

8.1  All Intellectual Property Rights in and to the Website, the materials contained on it and the Fundraising Events and the Lottery (including the trade marks, design, text, graphics and other content, interfaces and the selection and arrangement of the content, software and all other material) belongs to us or our licensors. All rights are reserved.

8.2  We grant you a non-exclusive, royalty-free personal licence (with no right to sub-licence) to access and use the Website for your personal, private and non-commercial use only for such time as you are a Registered User.

8.3  Except to the extent and in the circumstances expressly required to be permitted by us by law, you shall not modify, adapt, translate, copy, reproduce, republish, upload, post, transmit or distribute by any means or in any manner any material or information included on or incorporated in the Website, the materials contained on it or the Fundraising Events and the Lottery including but not limited to text, graphics, video, messages, code and/or software without our prior written consent.

8.4  This Clause 9 shall survive termination of the Agreement.

 

9.             Security

9.1  You are solely responsible for protecting the confidentiality of any user name, email verification, password and/or PIN (collectively “Security Data”) which may be given to you in order for you to use the Website or participate in the Fundraising Events and/or the Lottery and for any use of the Website or participation in the Fundraising Events and/or the Lottery made (and any breach of these Terms) using your Security Data (including by any third party).

9.2  You must not share Security Data with or transfer Security Data to any third party without our express consent.

9.3  You must immediately notify us if you know or suspect any unauthorised use of your Security Data or other breach of security relating to the Services.

9.4  We check our systems using up-to-date commercial antivirus software but these do not always detect and remove all viruses. No software (including ours) is error-free and although unlikely, it is possible that your use of the Website could unintentionally lead to the loss or corruption of your data. We cannot know or estimate the value to you of the data you hold on your computer and you are best able to assess and manage the risks of data loss and corruption having regard to your data and you can easily eliminate these risks by performing regular backups of your data. Except where we take responsibility for your personal data under our Privacy Policy, you agree that it is reasonable for you to assume the entire risk in relation to data loss and corruption and that we accept no liability in respect of it.

9.5   This Clause 10 shall survive termination of the Agreement.

 

10.             Data Protection

10.1  You acknowledge that in order for us to receive your Registration and provide participation in the Fundraising Events and/or the Lottery to you, we must collect certain personal data from you and process that data.

10.2  Our collection and use of your personal data is governed by our Privacy Policy. Please read (and check amendments to) the privacy policy as it contains important details about how we collect and use your personal data.

10.3  You expressly consent to our use of your personal data in accordance with the Privacy Policy (as may be revised from time to time).

10.4  This Clause 11 shall survive termination of the Agreement.

 

11.             Termination

11.1  We may terminate or suspend the Agreement and your access to the Website and/or participation in the Fundraising Events and/or the Lottery at any time

11.2  Upon termination of the Agreement, all rights and obligations of you and us shall cease to have effect immediately except that termination shall not affect the accrued rights and obligations of either of us at the date of termination nor any provisions of these Terms that expressly or impliedly survive termination.

 

12.             Protection of customer funds

12.1  Capen holds all customer funds in a separate client account on behalf of the societies we act for and these funds are transferred to the society on a regular basis. All remote operators licensed by the Gambling Commission have an obligation to hold separate accounts for proceeds. This is to protect the player in the event of an insolvency incident.
 

13.             General

13.1  If any provision of these Terms is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and the validity and enforceability of the remaining provisions of these Terms shall not be affected.

13.2   If we fail to enforce a right under these Terms, that failure will not prevent us from enforcing other rights or the same type of right on a later occasion.

13.3  Without limiting Sections 7 (Disclaimers) and 8 (Liability), we do not take responsibility for any event which is outside our reasonable control, including but not limited to the failure, malfunction or unavailability of telecommunications data communications and/or computer services, power supply failures or shortages, acts or omissions of third parties including but not limited to network operators), acts of government or regulators nor for any consequential loss arising from such an event.

13.4  These Terms, together with the AUP, the Privacy Policy, relevant Competition Terms and Conditions and the Lottery Terms and Conditions (collectively the “Agreement”) constitute the whole agreement between you and us in relation to the subject matter and supersedes any and all prior agreements between you and us. You acknowledge that you have not entered into this Agreement in reliance on any statement, warranty or representation made by us or any other person and you irrevocably and unconditionally waive any right to claim damages and/or to rescind these Terms by reason of any misrepresentation (other than a fraudulent misrepresentation) that is not contained in the Agreement. We may in our absolute discretion modify this Agreement from time to time and post the new version on the Website, following which all use of the Website and participation in the Fundraising Events and Lottery shall be governed by the amended Agreement.

13.5  You are not permitted to assign the Agreement. We may assign, transfer or subcontract any of our rights or obligations under this Agreement without notice to you.

13.6  Of the terms of this Agreement shall be enforceable by Capen Ltd and  the Society. No other person who is not a party to it may enforce the terms of the Agreement. The Contracts (Rights of Third Parties) Act 1999 shall be construed accordingly.

13.7  All notices shall be given:

(a)             to us via email at support@giveandwin.co.uk or by post to our registered address as set out above; or

(b)             to you at either the email or postal address you provide during the registration process.
Notice will be deemed received when an email is received in full (or on the next business day if it is received outside on 09:00 to 17:30 on a weekday that is not a bank holiday) or 3 days after the date of posting (or, where this falls other than on a weekday that is not a bank holiday, on the next working day).

13.8  The Agreement is governed by and construed in accordance with English law. The parties submit to the non-exclusive jurisdiction of the English courts.

13.9  This Clause 13 shall survive termination of the Agreement.