Access to and use of this site (www.toniandguyfoundation.org) is provided by Toni & Guy Charitable Foundation Limited, registered in England and Wales, company number 04535983 (the Foundation, us, weand our) subject to the terms set out below.
Similarly, those charities that register with us to upload or otherwise provide information about their charity should note in particular the provisions of paragraphs 2.5 and 2.6.
2. DATA AND INFORMATION: ACCESS AND DOWNLOAD LICENCE
2.1 Unless otherwise stated, the data and information you can access on this website has been developed and compiled by the Foundation or one of its licensors and as such is protected by copyright, database and other laws concerning intellectual property. All rights in relation to such data and information (as well as in relation to the organisation and layout of our website and the underlying software code) are reserved by the Foundation and its licensors.
2.2 You may access, download and print the data and information and retain that data and information as a data source for yourself. You may use the information and data only for your own informational purposes and, provided that in each case you comply with the associated conditions that make use for such purposes lawful, for purposes that constitute “fair dealing” within the meaning of the Copyright, Designs and Patents Act 1988 and for those purposes which that Act and/or the Copyright and Rights in Databases Regulations 1997 declare not to constitute infringement of the intellectual property rights with which they deal.
2.3 The download licence in paragraph 2.2 is personal, non-exclusive and non-transferable and is given on the following basis:
(a) no documents or related graphics on this web site are modified in any way;
(b) no graphics on this website are used separately from accompanying text; and
(c) copyright and trade mark notices and this permission notice appear in all copies.
2.4 Except as provided in paragraphs 2.2 and 2.3 you may not otherwise access, download, copy or use any of the data or information on this website, and under no circumstances may you sell it or otherwise seek to turn it to account, directly or indirectly. Similarly, except as provided in those paragraphs, no part of this website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without the Foundation’s prior written permission or that of the relevant licensors.
2.5 The data and information is provided by the Foundation and its licensors at no cost to users of this site on an “as is” basis, to provide information about the Foundation, philanthropy generally, methods of charitable giving, the charities which have supplied information about themselves for this site and to facilitate the building of relationships between donors and charities. The Foundation and its licensors may make changes to such data and information at any time without notice
Given the basis on which the data and information is being provided:
(a) no commitment is given to update the data and information on this website nor is any assurance given that it is accurate, complete or up-to-date; and
(b) to the maximum extent permitted by law, The Foundation provides you with this web site on the basis that The Foundation excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for this provision might have effect in relation to this website.
2.6 Users of this site should also note that the inclusion on this site of data or information about charities or other third parties, or links to their web sites, does not in any way constitute an endorsement by The Foundation of any such charity or third party, whether as to its financial condition or prospects, its charitable or other status, its continuance in good standing or its aims and objectives. Toni ad Guy does not verify any of the data and information made available by such charities and third parties either on this site or on their own websites, the responsibility for that data and information remaining with those charities and third parties.
3. AVAILABILITY OF ACCESS
3.1 While we endeavour to ensure that this website is normally available 24 hours a day, we shall not be liable if for any reason it is unavailable at any time or for any period.
3.2 Access to this website may be suspended temporarily and without notice in the case of system failure, maintenance, upgrade or repair or for reasons beyond the Foundation’s control.
4. WEBSITE MATERIAL AND USER CONDUCT
4.2 You are prohibited from posting or transmitting to or from this website any material:
(a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy, misleading, fraudulent, unlawful, constitute a contempt of court or otherwise be prejudicial to the administration of civil or criminal justice;
(b) that is in breach of any third party’s intellectual or other property rights or interests;
(c) which may cause annoyance or inconvenience;
(d) for which you have not obtained all necessary licences and/or approvals;
(e) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or
(f) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
4.4 Without prejudice to paragraphs 4.2 and 4.3, by accessing our web site you undertake that you will not:
(a) use our website in a manner which causes or may cause any infringement of the rights of any other;
(b) use any software, routine or device to interfere or attempt to interfere electronically or manually with the operation or functionality of our website including but not limited to uploading or making available files containing corrupt data or viruses via whatever means;
(c) deface, alter or interfere with the front end ‘look and feel’ of our website or the underlying software code; or
(d) take any action that imposes an unreasonable or disproportionately large load on our website or related infrastructure.
4.5 The Foundation shall fully co-operate with any law enforcement authorities or court order requesting or directing The Foundation to disclose the identity or locate anyone posting any material in breach of any of paragraphs 4.2 to 4.4 inclusive.
5. LINKS TO AND FROM OTHER WEBSITES
5.1 Links to third party websites on this website are provided solely for your convenience. If you use these links, you leave this web site. The Foundation has not reviewed these third party websites and does not control and is not responsible for those websites, their content or availability, and in particular the Foundation is not responsible for any information, goods or services contained, offered, described or made available on, or accessible through, those websites or by any means referred to on those sites. The Foundation therefore does not endorse or make any representations about those websites, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked or accessible through those that are linked to this website, you do so entirely at your own risk.
5.2 If you would like to link to or otherwise make use of any part of this website, you may only do so subject to the following conditions, unless in any particular case the Foundation’s express prior written permission is obtained:
(a) you do not remove, distort or otherwise alter the size or appearance of any graphics or logos;
(b) you do not create a frame or any other browser or border environment around this website;
(c) you do not in any way imply that the Foundation is endorsing any products or services other than its own;
(d) you do not misrepresent your relationship with the Foundation nor present any other false information about the Foundation;
(e) you do not otherwise use any trade or service marks displayed on this web site without prior express written permission from the Foundation;
(f) you do not link from a web site that is not owned by you; and
(g) your web site does not contain the sort of content that is described in paragraph
4.2 or 4.4 inclusive above, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
5.4 The Foundation expressly reserves the right to revoke the right granted in paragraph 5.2 if at any time the Foundation in its absolute discretion considers a link is:
(a) inappropriate or controversial; or
(b) In breach of these terms.
In respect of any breach of these terms, the Foundation may take any action it deems appropriate.
6. RESPONSIBILITIES OF TRANSACTIONAL USERS
6.2 If you are registered as described in paragraph 6.1, it is important you understand that you are responsible for the accuracy and genuineness of all instructions and information sent to us, from login to log-off. This means that you must ensure that all instructions and information are carefully checked before being sent to us. It is also important that you read the information provided on the transactional web pages that you are registered to use. That information explains the fees and charges payable for the transactions concerned, any deductions that will or may be applied and the circumstances in which funds you send may not be applied as you have instructed.
6.3 This site is as secure we can make it by using encryption technology and adopting security and anti-virus practices routinely used and adopted as a matter of good practice by other charities in the UK. Nevertheless, it is important you understand that every internet site, every computer that connects to the internet and all internet communication is susceptible to attack by computer hackers and the ever-increasing variety and sophistication of computer viruses. The Foundation will do all it reasonably can to protect this site and all internet communications passing between The Foundation and users, but it cannot be held responsible for any losses caused by matters beyond the Foundation’s control or which are attributable to a user’s failure to take its own reasonable precautions to prevent interception of or interference with any such communications (including, without limitation) failure to use and keep up to date firewalls and anti-virus software on the user’s own computers or computer systems.
7.1 Where we believe, in our absolute discretion, that you are in breach of any of these terms and conditions we will be entitled without prior notice to deny you further use of our website and/or to remove from our website all information you have made available on or through our website. If we take either or both of these courses of action our doing so will in all instances be without prejudice to any of our other rights, at law or otherwise.
7.2 You agree to indemnify and keep us indemnified from and against any and all actions, proceedings, costs, claims, damages, losses and expenses of whatsoever nature and howsoever arising as a result of or in connection with any breach by you of these terms and conditions, including any failure to indemnify us as required by this provision.
8. EXCLUSION OF LIABILITY
8.1 The Foundation, its licensors (whether or not involved in creating, producing, maintaining or delivering this website), and the trustees, officers, directors, employees, contractors, shareholders or agents of each of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this website in any way.
8.2 Or in connection with the use, inability to use or the results of use of this website, any websites linked to this website or the material on or accessible through such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this website or your downloading of any material from this website or from any websites linked to this website or from any websites accessible through those that are linked to this website.
(a) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); or
(b) fraud; or
(d) any liability which cannot be excluded or limited under applicable law.
8.4 If your use of material on this website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
9. ENTIRE AGREEMENT
10. GOVERNING LAW AND JURISDICTION
Your use of our website, any information downloaded from it and the operation of these terms and conditions will be governed by and construed in accordance with the laws of England and you agree to submit to the exclusive jurisdiction of the English Courts in relation to any action, proceeding, claim, dispute or difference arising out of your use of our website or otherwise in connection with our website.