Terms of Use
These Terms of Use govern (i) the contents and use of the website jubileetribute.org, (the “Site”) including, the giving of Donations via the Site, and (ii) the giving of Donations by any other means as further described below. Please read these Terms of Use carefully before using the Site or giving any Donation. If you do not agree to the Terms of Use you should not use the Site and you should not give any Donation.
We reserve the right, at our sole discretion, to change, modify, add, or remove portions of these Terms of Use at any time and any such changes will become effective immediately upon the posting of the revised Terms of Use on the Site. Your continued use of the Site or subsequent giving of Donations will be subject to the most current version of the Terms of Use posted on the Site at that time. Therefore, we recommend that you read through the Terms of Use available on the Site from time to time so that you can be sure that you are aware of and agree to the latest version.
1. About Us
1.1 This Site is owned and operated by The Queen Elizabeth Diamond Jubilee Trust (referred to in these Terms of Use as “we”, “us” and “our”). We are a company limited by guarantee registered in England and Wales (Company No. 07922555) and a charity registered under the laws of England & Wales with registered charity number 1145640. Our registered office address is at 14 Hanover Square, London W1S 1HP.
1.2 If you would like to contact us or complain about anything contained on the Site or in relation to any phone or online Donation, please contact us using the following details:
Postal address:
The Queen Elizabeth Diamond Jubilee Trust
25 Eccleston Place
London
SW1W 9NF
Email address: help@jubileetribute.org
2. Using the Site
2.1 The Site contains information about us, the types of charities that we support and how you can make a Donation. You hereby agree to access and use the Site and the means of giving a Donation in accordance with these Terms of Use.
2.2 You may not use the Site or any of the means of giving a Donation in any improper or unlawful manner or in breach of any legislation or licence that applies to you and you may not use any of the Site Content other than as expressly permitted under these Terms of Use.
2.3 Without limiting the foregoing, you agree that you will not:
- use the Site, any of the means of giving a Donation or any Site Content for personal gain or any commercial purposes and you shall not, without our express written approval, distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services;
- use the Site or any of the means of giving a Donation fraudulently or in connection with any criminal offence under the laws of any country;
- use the Site of any of the means of giving a Donation to send, knowingly receive, upload, download, use or re-use any material which is offensive, abusive, indecent, defamatory, obscene or menacing or which breaches any confidence, intellectual property right, privacy right or any other right of any third party;
- use the Site or any means of giving a Donation to cause any annoyance, inconvenience or needless anxiety;
- upload, post, publish, display, transmit, distribute, share or otherwise make available any files that contain software, content or material of any nature which contain Rights (as defined below) of any third party or which are protected by rights of privacy or publicity of any third party, without having received all necessary consents;
- upload, post, publish, display, transmit, distribute, share or otherwise make available any material that contains viruses, corrupted files, or any other computer code, files, software or programs that may interfere with, damage, interrupt, destroy or limit the functionality of the Site, any of the means of giving a Donation or any computer software or hardware or telecommunications equipment;
- use software or any other means to harvest personal data or other information from the Site or any of the means of giving a Donation.
2.4 You agree to comply with all reasonable instructions that we may give you from time to time regarding the use of the Site or any of the means of giving a Donation.
2.5 You are responsible for obtaining (at your own cost) all necessary equipment and telecommunications services required to access and use the Site or give a Donation. You are responsible for ensuring that no one uses your equipment to access the Site or give a Donation without your permission. We will be entitled to assume that anyone who accesses the Site or gives or attempts to give a Donation using your equipment has your permission to do so and you will be liable for any charges, costs, liabilities or damages that may be incurred by any such person when using the Site or giving a Donation.
2.6 We may make changes to the Site, any of the means of giving a Donation or the Site Content at any time without notice and we may remove the Site or any of the means of giving a Donation, whether temporarily of permanently, in our sole discretion for any reason at any time with or without notice. Further, we do not guarantee that the Site or any of the means of giving a Donation will always be available without interruption.
3. How we support charities
3.1 All sums donated to Trust (such sums being "Donations") will be used by the Trust for charitable projects chosen by the Trustees from time to time. The charities and organisations that the Trust will support and partner with, and the amounts that will be given to such charities and other organisations, will be determined at the sole discretion of our Trustees.
4. Making a Donation to the Trust
4.1 You do not need to register with the Site in order to make a Donation, but you will be required to submit certain information about yourself (including your name, address and payment details). You will be required to submit an email address in connection with your Donation via the Site, but you will also be given the opportunity to opt in to receive email updates about our work and the charities that we are supporting. Any information that you submit will only be used in accordance with our privacy policy (in relation to which, please see below).
4.2 Once you have successfully completed the donation form on the Site your details will be submitted to our payment services provider for processing. If your Donation is successful you will see a notice of confirmation and a unique donation reference and you will subsequently receive an email confirming that the Donation has been successful.
4.3 All Donations made via the Site are made using SSL security technology so as to protect your details. Nonetheless, no communication via the internet is guaranteed to be secure and we cannot accept any liability for any loss suffered by you if your personal data or payment information is lost or subject to unauthorised or unlawful access during transmission via the internet.
4.4 If you wish to make a Donation by other means, please contact us on help@jubileetribute.org and we can discuss other options with you. Any Donation made by any other means will be subject to these terms and conditions other than those relating to specifically to the use of the Website.
Terms applicable to all donations
4.5 You must only use your own credit card, debit card or mobile phone to make a Donation as described above. If you are under the age of 18, you must obtain the consent of your parent or guardian to make the Donation and if someone other than you pays the bill for your mobile phone or any phone you use to call to donate, you must obtain the bill payer's permission before making a Donation.
4.6 If you are a UK taxpayer, we may be able to recover some of the tax you have already paid on the money that you give as a Donation which will also be donated to the Trust. Information about you can help us do this is available on the Site and will also be provided to you when you give a Donation by phone.
4.7 All Donations are non-refundable unless you are entitled to any refund in accordance with applicable law or if we or our subcontractors have erroneously charged you too much (for instance if any Donation has been erroneously processed twice). If you think you are entitled to a refund in any circumstances, please contact us in the first instance using the details above.
4.8 We cannot accept any liability for any failure or unreliability of any network or equipment that you use to make a Donation that results in any difficulties in accessing the Site or the phone donations line or that results in the failure of any SMS or Donation via the Site from being received by us.
5. Goodwill Messages
5.1 When using the Site or when giving a Donation you will be able to submit goodwill messages for The Queen (“Goodwill Messages”).
5.2 We encourage you to send Goodwill Messages to the Site, but you must do so in accordance with these Terms of Use and in particular:
- you must not upload, post, publish, display, transmit, share or otherwise make available any Goodwill Message that could be considered harmful, threatening, unlawful, confidential, defamatory, offensive, infringing, inflammatory, harassing, obscene, indecent, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose us or other users of the Site to any harm or liability of any type;
- you must not upload, post, publish, display, transmit, share or otherwise make available any unsolicited or unauthorised advertising, solicitations, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation or bulk communication;
- you must not upload, post, publish, display, transmit, share or otherwise make available any private information relating any third party;
- you may only upload, post, publish, display, transmit, share or otherwise make available material to the Site which either you own or which you have the permission of the owner of that material to submit and you must not submit any content or material the Rights in which are owned by any third party; and
- you must not submit any material in breach of confidence or in contravention of the Data Protection Act 1998 or any other applicable data protection or privacy legislation.
5.3 Not all Goodwill Messages will be posted to the Site and we cannot guarantee that your Goodwill Message will be posted to the Site, but you acknowledge that all Goodwill Messages may be seen by other users of the Site. Therefore, we advise you to be selective about what information you include in your Goodwill Message. Please do not include the following information about yourself in your posting contributions: telephone numbers, addresses, surname, banking details and other personally identifying information.
5.4 If anyone has posted material which is inaccurate, inappropriate, offensive or does not comply with any of the provisions of these Terms of Use we shall have no responsibility or liability for such material. Please contact us at help@jubileetribute.org if you believe any material posted on the Site is defamatory, offensive, unlawful or inappropriate.
We may refuse to post or delete or remove from the Site immediately without notice any Goodwill Message or any other content of whatever nature, for any or no reason, including without limitation, if we believe in our absolute discretion that such content: (i) infringes the Rights or other proprietary rights of any third person or is otherwise unlawful; and/or (ii) is offensive, insulting, defamatory, obscene, indecent, objectionable or otherwise inappropriate or which is posted in breach of these Terms of Use. Such removal will be without any admission as to liability and without prejudice to our other rights and remedies.
6. Intellectual Property Rights
6.1 For the purposes of these Terms of Use, “Rights” means patents, registered and unregistered trade marks and service marks, domain names, registered designs and design rights, copyright (including such rights in computer software and databases), rights in performances, database rights and moral rights, rights subsisting in inventions, designs, drawings and computer programs (in each case for the full period thereof and extensions, revivals and renewals thereof), applications for the foregoing and the right to apply for any of the foregoing anywhere in the world, and all similar rights anywhere in the world including those subsisting in inventions, designs, drawings and computer programs.
6.2 All Rights in and to the Site, the means of giving a Donation (including without limitation all user interfaces and IVR scripts) and all content and materials contained in the Site, including without limitation any text, photographs, pictures, graphics, diagrams, video, audio, music, software, applications and their compilation and lay out (such content and materials being collectively the “Site Content”) are owned by and shall remain owned by us or our licensors. You may view, download and print one copy of the Site Content subject to the following conditions:
- the Site and Site Content may only be used for your personal, non-commercial purposes;
- the Site Content shall not be reproduced or included in any other work or publication in any medium;
- subject only to clause 6.4 below, the Site Content may not be modified, copied, altered, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted or sold in any form or by any means, in whole or in part;
- you may not remove any copyright or other proprietary notices contained in any Site Content.
6.3 Save as expressly permitted herein, any other use of the Site Content and any copying, reproduction, modification, distribution, sale or any other use of any Site Content for any purpose shall be an infringement of our Rights.
6.4 These Terms of Use are not intended to prevent you recording in manual form any individual item of information, or disclosing any individual item of information, free of charge, to friends or relations for non-commercial purposes provided that you take all reasonable steps to ensure that any person to whom you may disclose that information complies with these Terms of Use.
7. Disclaimers
7.1 Except as expressly provided in these Terms of Use, we hereby exclude to the fullest extent permitted by applicable law all other express or implied warranties, indemnities, conditions or other terms in relation to this Site, the means of giving a Donation or the Site Content including without limitation any warrant or conditions of satisfactory quality, fitness for a particular purpose or that the Site, any of the means of giving a Donation or the Site Content is or will be error or virus free.
7.2 Except as expressly provided in these Terms of Use, the Site, the means of giving a Donation and all Site Content are provided on an "as is" basis without representation or warranty of any kind, either express or implied (whether by common law, custom, statute or otherwise). Without prejudice to the foregoing, we do not warrant or make any representations that the Site, any of the means of giving a Donation or any the Site Content will meet your requirements or that your use of the Site, any of the means of giving a Donation or the Site Content will not infringe the rights of any third party nor do we make any warranty or representations regarding the Site Content including as to its completeness, accuracy, currency, reliability, availability or otherwise. Therefore, we advise you to check any Site Content as any reliance that you place on the accuracy, completeness, currency or reliability of that information is at your own risk.
7.3 We do not warrant that the Site, any of the means of giving a Donation, the Site Content or any function of the Site will be uninterrupted or error-free, that defects will be corrected, or that the Site or the server that makes it available are free of viruses or other harmful components. We will not be held responsible for the security of the Site, for any disruption of the Site or for any of the means of giving a Donation however caused, loss of or corruption of any material in transit, or loss of or corruption of material or data when downloaded onto any computer system.
7.4 Due to the inherent risks of using the internet, we cannot be liable for any damage to, or viruses that may infect your computer equipment or any other property when using or browsing the Site or when giving a Donation. The downloading or other acquisition of any Site Content through the Site is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system or loss of data that results from the downloading or acquisition of any such Site Content.
7.5 Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions of limitations regarding the exclusion of implied warranties.
8. Links to and from other websites
8.1 This Site may contain links to websites and microsites operated by third parties that are not under our control and are provided to you for your convenience only. We make no warranties or representations whatsoever about any such site which you may access through this Site or any services or products that they may provide. Without limiting the foregoing, these sites are not in any way approved, checked, edited, vetted or endorsed by us and you agree that we shall not be responsible or liable in any way for the content, advertising, products or services available from such sites, their suitability, accuracy, compliance with relevant laws or accessibility of any information, data, advice or statements or for the quality or functionality of any products or services available on such sites or for any transactions, dealings or arrangements that you may have, or the consequences of such transactions, dealings or arrangements with such third party site operators.
8.2 If you choose to access a site beyond our control, you do so at your own risk. You agree that any use of any such third party site may be subject to your acceptance of additional terms and conditions of a third party. You agree that any transactions, dealings or arrangements that you have with such third party site operator (including without limitation buying any products or services) shall be direct with such third party on the terms and conditions (if any) of the third party and not with us. You hereby agree that we are not liable in any way in relation to such transactions, dealings or arrangements and you hereby waive any claim you might have against us with respect to such sites. Any arrangements made between you and any such third parties are at your sole risk and responsibility.
8.3 From time to time third parties may link to our Site without our express consent or knowledge. We are not responsible in any way for any transactions, dealings or arrangements which you may have with these unauthorised sites or any content which may be displayed or linked to by these third parties. If you do come across any link which is offensive or otherwise unsuitable or inappropriate to us or our users please let us know.
9. Limitation of Liability
9.1 Nothing in these Terms of Use shall exclude or limit our liability for: (a) death or personal injury caused by our negligence; (b) any loss suffered by you as a result of your reliance on any fraudulent misrepresentation made by us to you; or (c) any other liability which cannot be excluded or limited under applicable law.
9.2 You expressly agree that your use of and browsing of the Site, use of any of the means of giving a Donation and the use of Site Content are at your own risk and that you are solely responsible for such use.
9.3 Subject to clause 9.1, you agree that we shall not be liable for: (a) any direct loss, claim or damage; (b) any indirect loss, claim or damage, or any punitive, special, incidental or consequential damages of any kind; or (c) any loss of profit or loss of savings or loss or corruption of data (in each case whether direct or indirect), in each case whether based in contract, tort (including negligence), strict liability, or otherwise, which arises out of or is in any way connected with (i) any use of the Site, any of the means of giving a Donation or the Site Content; (ii) any failure or delay in the use of any component of the Site, any of the means of giving a Donation, the Site Content or any service including, without limitation, any unavailability of the Site, any of the means of giving a Donation or the Site Content irrespective of the duration of any period of unavailability; or (iii) any use of or reliance upon the Site, any of the means of giving a Donation, the Site Content or any information, material, software, products, services and related graphics obtained through the Site or any of the means of giving a Donation, in all cases even if we have been forewarned of the possibility of such loss or damage.
9.4 Laws applicable in your country of residence may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
10. Indemnity
You agree to indemnify, keep indemnified, defend and hold us and our parent companies, subsidiaries, affiliates and each of our respective officers, directors, employees, owners, agents, contractors, partners, information providers and licensors harmless from and against any and all claims, damages, liability, demands, losses, costs and expenses (including legal fees) (whether or not foreseeable or avoidable) incurred or suffered by any of such parties and any claims or legal proceedings which are brought or threatened arising out of or in connection with your use of the Site, any of the means of giving a Donation, the Site Content or any other services provided through the Site or any violation of these Terms of Use or of any law or the rights of any third party.
11. Data Protection, Privacy & Cookies
11.1 We will only use any personal information that we may collect about you via the Site or when making a Donation in accordance with our Privacy Policy. Click here to view our Privacy Policy. This policy forms an essential part of these Terms of Use and it is important that you read it. By accepting these Terms of Use you also accept and consent to our Privacy Policy.
11.2 This Site uses cookies as described in the Privacy Policy. By using this Site and accepting the Terms of Use, you give your consent to the installation of the cookies as described in our Privacy Policy. You can remove those cookies and prevent the future installation of cookies at any time.
12. General
12.1 Any failure or delay by us to enforce any of our rights under these Terms of Use is not to be taken as or deemed to be a waiver of that or any other right unless we acknowledge and agree to such a waiver in writing.
12.2 These Terms of Use are not intended to be for the benefit of, and shall not be exercisable by, any person who is not a party to these Terms of Use under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
12.3 If any clause or part of a clause of these Terms of Use is, or becomes, invalid, illegal or unenforceable, then that clause or part of a clause shall be deemed to be deleted from these Terms of Use. Any such deemed deletion shall not affect the validity, legality or enforceability of the remainder of these Terms of Use.
12.4 This Agreement is governed by the laws of England and Wales and the parties agree to submit to the exclusive jurisdiction of the English Courts.
