Home > Terms & Conditions

Terms & Conditions

Please read these Terms and Conditions carefully before using the website at [www.pinkroseappeal.org.uk] ("Website").

INTRODUCTION

The Website is provided by Addenbrooke's Charitable Trust of Addenbrookes Hospital, Hills Road, Cambridge CB2 OQQ, United Kingdom, a charitable trust that is administered by, and contracts through, the Incorporated Trustees of the Addenbrooke's Charitable Trust ("ACT, we, us, our"). ACT is registered as a charity with the Charity Commission in England and Wales with number 1048868. ACT is a member of the Fundraising Standards Board and adheres to a strict set of codes and a Fundraising Promise committing ACT to act with respect, fairness, honesty and clarity in all its money raising activities. Further details are available at www.frsb.org.uk

By accessing any part of the Website, you shall be deemed to have accepted these terms and conditions in full. If you do not accept these Terms and Conditions in full, you must leave the Website immediately. You may access most areas of the Website without registering your details with us. Certain areas of the Website are only open to you if you register.

ACT's privacy policy forms part of these Terms and Conditions. By agreeing to these Terms and Conditions you also give your consent to the way we may handle your personal information under that Policy. You can view our Privacy Policy here [INSERT LINK].

These Terms and Conditions may change or be updated from time to time. It remains your responsibility to access and check these Terms and Conditions wherever you access the Website. The latest version of these Terms and Conditions will govern any future usage by you of the Website.

ELIGIBILITY

The Website is only intended for use by people resident in the United Kingdom. We make no representation that the Website or its content is appropriate or available for use in locations outside of the United Kingdom and accessing the Website is prohibited in territories where such content is illegal. If you access the Website from other locations, you do so at your own initiative and are responsible for compliance with any applicable local laws.

In all cases you must be at least 18 years of age (or such other age, if greater, as may be required for us to lawfully contract with you in the jurisdiction in which you are resident).

DONATIONS, ELECTRONIC GREETINGS CARDS

You may use the Website to make charitable donations to ACT. If, at the time of making a donation, you confirm that you are a UK taxpayer in accordance with the requirements of the Gift Aid scheme as they apply from time to time, we will reclaim Gift Aid on your donation under the Gift Aid scheme. Your tax adviser will be able to provide you with further information on any consequences for your personal tax affairs.

You may use the Website to order, pay for and send electronic greetings cards ("eCards"). VAT [is/is not] payable on the price of eCards. All transactions are handled on our behalf by WorldPay. All eCards will be delivered electronically to the email address you provide. ACT is not responsible for any failure to deliver any eCards for reasons beyond our control.

All payments made using the Website are final and non-refundable unless it is demonstrated that ACT is in default of its obligations under these Terms and Conditions or that the use of your payment card was unauthorised. If you become aware of any fraudulent use of your card, or if it is lost or stolen, you must notify your card provider in accordance with its reporting rules.

LICENCE

Intellectual Property Rights ("IPR") in the appearance and design of the Website and the materials and contents displayed on the Website are the property of ACT or its licensors.

Any information provided on the Website may not be disclosed, reproduced, copied or sold for any commercial purpose. You may not modify, license, create derivative works from, transfer or sell any information obtained from the Website.

You may print and download extracts from the Website for your own use on the following basis:

no documents or related graphics on the Website are modified in any way;

no graphics on the Website are used separately from the corresponding text; and

ACT's copyright and trade mark notices and this permission notice appear in all copies.

For the purposes of these Terms and Conditions, any use of extracts from the Website other than in accordance with this Clause 4 for any purpose is prohibited. If you breach any of the terms in these Terms and Conditions, your permission to use the Website automatically terminates and you must immediately destroy any downloaded or printed extracts from the Website.

No part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without ACT's prior written permission.

Any rights not expressly granted in these terms are reserved.

VISITOR MATERIAL AND CONDUCT

Other than personally identifiable information, which is covered under our Privacy Policy, any material you transmit or post to the Website shall be considered non-confidential and non-proprietary. ACT shall have no obligations with respect to such material. ACT and its designees shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.

You may not post or transmit to or from the Website any material:

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 or which may cause annoyance or inconvenience; or

for which you have not obtained all necessary licences and/or approvals; or

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 any country in the world; or

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).

You may not misuse the Website (including, without limitation, by hacking). 

ACT shall fully co-operate with any law enforcement authorities or court order requesting or directing ACT to disclose the identity or locate anyone posting any material in breach of this Clause 5.

DATA PROTECTION

ACT complies with the provisions of the Data Protection Act 1998 in processing personal information. As such, your personal information will be held confidentially by ACT and will only be used by ACT or disclosed to a third party if such use or disclosure is required for the purposes of these Terms and Conditions or as otherwise instructed by you.

ACT will co-operate with any investigation by any governmental body or any court or tribunal legitimately exercising rights and such co-operation may be without notice to you.

Your username and password may not be shared with any other person and you are responsible for keeping these details confidential.

SERVICE ACCESS

While ACT endeavours to ensure that the Website is normally available 24 hours a day, ACT shall not be liable if for any reason the Website is unavailable at any time or for any period.

Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond ACT's control.

LINKS TO AND FROM OTHER WEBSITES

ACT assumes no responsibility for the contents of any other websites to which the Website has links. Such links are provided solely for your convenience. If you use these links, you leave the Website. As such, ACT shall not be held responsible or liable for any loss or damages caused or alleged to have been caused by use of or reliance on any content, goods or services available on such hyperlinked websites, over which ACT has no control. The inclusion of any hyperlinks to such other websites does not mean that ACT endorses the material on those websites or has any association with the owner thereof.

DISCLAIMER

While ACT endeavours to ensure that the information on the Website is correct, ACT does not warrant the accuracy and completeness of the material on the Website. ACT may make changes to the material on the Website, or to the products and prices described in it, at any time without notice. The material on the Website may be out of date, and ACT makes no commitment to update such material. ACT will use all reasonable efforts to correct errors and omissions in the Website as quickly as practicable after being notified of them.

The content on the Website is provided "as is", without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, ACT provides you with the Website on the basis that ACT excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill) which, but for these Terms and Conditions, might have effect in relation to the Website.

ACT shall not in any circumstances be liable in contract or tort (including negligence and breach of statutory duty) for any damage to software, damage to or loss of data, loss of profit, anticipated profits, revenues, anticipated savings, goodwill or business opportunity, or for any indirect or consequential loss or damage, howsoever caused or arising in connection with these Terms and Conditions or your use of the Website, or Items purchased by you.

Without prejudice to any of the foregoing, you agree that ACT will only be liable for direct loss up to a maximum of £100.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of these Terms and Conditions must be filed within 1 year after such claim or cause of action arises or be forever barred.

Nothing in these Terms and Conditions shall purport to exclude our liability for death or personal injury where such has been caused by our negligence, nor liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter or any liability that cannot be limited or excluded by law.

GENERAL

You shall not assign, transfer sub-license, mortgage charge or otherwise dispose of any of its rights, interests or obligations under these Terms and Conditions to any person or organisation.

If any provision of these Terms and Conditions shall be prohibited by or adjudged by a Court to be unlawful void or unenforceable such provision shall to the extent required be severed from these Terms and Conditions and rendered ineffective as far as possible without modifying the remaining provisions of these Terms and Conditions and shall not in any way affect any other circumstances or the validity or enforcement of these Terms and Conditions.

A person who is not a party to these Terms and Conditions has no right under the Contract (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions. Notwithstanding that any term of these Terms and Conditions may be or become enforceable by a person who is not a party to it, these Terms and Conditions or any of them may be varied, amended or modified or these Terms and Conditions may be suspended, cancelled or terminated by agreement in writing between the parties or these Terms and Conditions may be rescinded (in each case), without the consent of any such third party.

A waiver by either party of a breach of a provision of these Terms and Conditions shall not be considered as a waiver of a subsequent breach of the same or another provision.

If any provision of these Terms and Conditions is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision shall, to the extent required, be severed from these Terms and Conditions and rendered ineffective as far as possible without modifying the remaining provisions of these Terms and Conditions, and shall not in any way affect any other circumstances of or the validity or enforcement of these Terms and Conditions.

These Terms and Conditions constitute the entire and only agreement between the parties in relation to its subject matter and replaces and extinguishes all prior or simultaneous agreements, undertakings, arrangements, understandings or statements of any nature made by the parties or any of them whether oral or written (and, if written, whether or not in draft form) with respect to such subject matter. Each of the parties acknowledges that they are not relying on any statements, warranties or representations given or made by any of them in relation to the subject matter of these Terms and Conditions, save those expressly set out in these Terms and Conditions, and that they shall have no rights or remedies with respect to such subject matter otherwise than under these Terms and Conditions save to the extent that they arise out of the fraud or fraudulent misrepresentation of another party.

All notices and other communications to be sent pursuant to these Terms and Conditions shall unless otherwise agreed be sent to ACT at the address given above or to You at any of the addresses (including email addresses) notified at time of placing a bid. Notices may be delivered by hand, or sent by post or by email. Any such notice shall be deemed to have been served if delivered, at the time of delivery; if emailed on the first working day after receipt of delivery is acknowledged; or if posted on the second working day after it was put in the post.

These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales whose courts shall be courts of competent jurisdiction.