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You are SurfGiving to:  Village by Village  |
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Home | About | Stats | FAQs | Charities/Non-Profits | Help Spread the News | Contact Us |
You are SurfGiving to: Village by Village |
WEBSITE TERMS & CONDITIONS OF USE
STANDARD TERMS AND CONDITIONS OF SUPPLY OF GOODS AND/OR SERVICES
PRIVACY POLICY
WEBSITE TERMS & CONDITIONS OF USE
These terms (and any documents referred to in them) tell you the terms on which you may make use of the website under the domain name http://www.surfgiver.com (the Website).
Please read these terms carefully before using the Website. By using the Website you confirm your acceptance of these terms. If you do not accept these terms, you should exit the Website immediately and refrain from using it.
Some areas of Surfgiver require registration. By completing the initial registration form and by entering your email address and password, you will be deemed to have accepted these terms and conditions. Also, by subscribing to any of our email services, you are deemed to have accepted these terms and conditions. If you register with SurfGiver, you should read our privacy policy.
If you have registered with us and subsequently change your details, you should immediately notify us of any changes by emailing the user support team at info@surfgiver.co.uk
Any changes we make to the terms and conditions will be reflected on this page.
1. INFORMATION ABOUT US
1.1 We are SurfGiver Limited (Company number: 06374620), a company registered in England and Wales at Companies House whose registered office is at TOP FLOOR, 71 MARLOW CRESCENT, TWICKENHAM, MIDDLESEX, TW11DD
1.2 If you have any queries about the Website or any information contained on it, please contact us by email at info@surfgiver.co.uk
2. TERMS OF USE
2. The Website is offered as a free service to you.
2.2 In the event that you breach these terms of use, your permission to use the Website terminates immediately and you must immediately destroy any downloaded or printed extracts from the Website.
3. REGISTRATION
When you register, you are registering as a personal user of SurfGiver. Access to registration areas is via your email address and password.
3.1 We allow you access to the registration areas of the site on the basis that:
3.1.1 your email address and password are personal to you and may not be used by anyone else to access SurfGiver
3.1.2 you will not do anything which would assist anyone who is not a registered user to gain access to any registration area of SurfGiver.
3.1.3 you do not maliciously create additional registration accounts for the purpose of abusing the functionality of the site, or other users; nor do you seek to pass yourself off as another user
3.1.4 you comply with these terms and conditions.
4. If, for any reason, we believe that you have not complied with these requirements, we may, at our discretion, cancel your access to the registration areas of SurfGiver immediately and without giving you any advance notice.
5. TERMINATION OF REGISTRATION
If we wish to bring the agreement to an end, we will do so by emailing you at the address you have registered stating that the agreement has terminated. The agreement will terminate and your email address and password will become invalid on SurfGiver immediately.
6. INTELLECTUAL PROPERTY RIGHTS
6.1 The Website is owned by SurfGiver Limited and any and all intellectual property rights in the Website including, but not limited to, know-how, copyright, data and database rights, rights in any software and any logos or trademarks (whether registered or unregistered) are owned or licensed by and remain the property of SurfGiver Limited (or its third party licensors as applicable) at all times.
6.2 You are permitted to print off one copy and may download extracts of the content on the Website for your own personal use, and may draw the attention of others within your organisation to material posted on the Website, provided that:
6.2.1 our status (and that of any identified contributors) as authors of material on the Website is always acknowledged;
6.2.2 no documents or related graphics on the Website are modified in any way, this includes the removal of any copyright or other proprietary notices contained in the Website;
6.2.3 no graphics on the Website are used separately from the corresponding text;
6.2.4 you do not use any part of the content on the Website for commercial purposes without our prior written consent;
6.2.5 any information on the Website which is marked as being confidential is treated as such and is not disclosed to any third party; and
6.2.6 you agree that you will not use any part of the Website to:
6.2.6.1 commit or encourage any criminal offence;
6.2.6.2 send or receive any material which is offensive, or which may be abusive, indecent, obscene or menacing, or in breach of confidence, copyright, privacy or any other rights. In the event we believe any material falls within any or all of these categories we shall be entitled to remove it without notice;
6.2.6.3 collect or store personal data about other users;
6.2.6.4 insert or knowingly or recklessly transmit or distribute a virus, worm, Trojan horses, time bombs, trap doors or any other computer code, files or programs or repetitive requests designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to diminish the quality of, interfere with the performance of or impair the functionality of the Website;
6.2.6.5 upload, post, email or otherwise transmit or post links to any content that facilitates hacking;
6.2.6.6 hack into any aspect of the Website;
6.2.6.7 upload, post, email or otherwise transmit links to any content that infringes the rights of any third party;
6.2.6.8 circumvent, or attempt to seek to circumvent, any of the security safeguards of the Website;
6.2.6.9 cause annoyance to other people accessing the Website;
6.2.6.10 post any personal information regarding the employees of your company or other individuals;
6.2.6.11 send any unsolicited advertising or other promotional material, commonly referred to as "spam", "junk mail", "chain letter", "pyramid schemes" or any other form of solicitation by email or by any other electronic means;
6.2.6.12 send email or any other type of electronic message with the intention or result of affecting the performance or functionality of any computer facilities; or
6.2.6.13 permit any third party to do any of the above.
6.3 Any rights not expressly granted in these terms are reserved.
7. DISCLAIMER
7.1 Nothing in these terms of use shall limit or exclude our liability for death or personal injury arising as a result of our negligence, or for fraud or fraudulent misrepresentation.
7.2 The content made available on the Website is intended for general information purposes only and is provided on an "as is" basis. It does not constitute advice or the making of any recommendation and the content on the Website should not be relied upon as the basis for any decision or action. We exclude to the fullest extent permitted by law any and all liability for any direct loss, indirect loss, or consequential loss or damage arising as a result of the access to and use of the Website or reliance on the content contained on it.
7.3 Quotations for services provided by us obtained via the Website are intended for general information purposes only and will not be binding on us.
7.4 We aim to ensure the Website is updated regularly. However, we are under no obligation to update the material contained on the Website and cannot guarantee that content will always be completely up to date. For this reason, we make no warranties or representations and do not give any undertaking either express or implied about any of the content on the Website, including without limitation, the accuracy, completeness or fitness for purpose of such content or that your use of the Website will not infringe the rights of third parties or for any alleged or actual infringement of third party rights.
7.5 The use of information obtained from the Website is at your sole discretion and risk.
7.6 We take reasonable precautions to prevent viruses and malicious code on the Website, but you are responsible for ensuring that anything downloaded from the Website is suitable for use on your computer and is free from viruses and malicious code and we exclude to the fullest extent permitted by law any and all liability that may arise in connection with or as a result of any failure to do so.
7.7 We do not represent, warrant or undertake that the use of the Website will be uninterrupted or error free.
7.8 Any transmission, downloading or sending of any information from the Website does not create any contractual relationship.
7.9 You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these terms, and that they comply with them.
8. THIRD PARTY WEBSITES
8.1 Links to third party websites on the Website are provided solely for your convenience and service. If you choose to use a hypertext link then you will leave the Website. Once you leave the Website, whether or not you realise that you are leaving, we are no longer in any way responsible for the material on the other site that you enter. We do not endorse or make any representations about these third party sites or any material found there. We exclude to the fullest extent permitted by law all liability that may arise in connection with or as a result of damage caused by such external website material including without limitation any damage, costs, injury or financial loss.
8.2 Whilst we retain the right to establish any hypertext links * between the Website and any third party site at our discretion, you agree you will not create any hypertext links or deep links ** between the Website and any third party site without our express written consent.
8.3 * Hypertext links are a means by which visitors can skip from one website to another or from one page to another within the same site. ** Deep links are like hypertext links but take the visitors into the website bypassing the home page on the third party website.
9. GENERAL
9.1 We reserve the right to change any part of the Website or these terms at any time without notice.
9.2 We may vary these terms from time to time. If we make substantial changes, we will notify you by electronic mail / by posting a prominent announcement on the Website.
9.3 Any personal details we collect from you will only be used by us in accordance with our Privacy Policy.
9.4 These terms shall be governed by and construed in accordance with English law and shall be subject to the exclusive jurisdiction of the English courts.
9.5 Our Website is controlled and operated by SurfGiver Limited or its authorised sub-contractors from the United Kingdom. We make no representations that materials in the Website are appropriate or available for use in other locations. Those who choose to access the Website from other locations do so at their own risk and are responsible for compliance with any and all local laws, if and to the extent local laws are applicable.
9.6 If you have any queries about the Website or any information contained on it, please contact us in writing addressed to SurfGiver Limited, TOP FLOOR, 71 MARLOW CRESCENT, TWICKENHAM, MIDDLESEX, TW11DDor via our Website.
NOVEMBER 2007
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STANDARD TERMS AND CONDITIONS OF SUPPLY OF GOODS AND/OR SERVICES
IMPORTANT: THE CUSTOMER'S ATTENTION IS IN PARTICULAR DRAWN TO THE FOLLOWING PROVISIONS: CLAUSES 4.2, 6.9, 6.10, 7.2, 7.3, 8.2, 9.
1. INTERPRETATION
In these Conditions the following words shall have the following meanings, unless the context requires otherwise:
Commencement Date means the date of commencement of supply of the Goods and/or the Services as set out in the Contract;
Conditions means these Standard Terms and Conditions of Supply of Goods and/or Service;
Commission means a minimum of (ten percent) 10% of the Primary Commission received by the Supplier where the user is a Registered Member or (forty percent) 40% of the Primary Commission received by the Supplier;
Confidential Information means any and all information provided by either party under the Contract that is either (i) marked as being confidential (or in the case of verbal discussions is later confirmed in writing to be confidential) or (ii) information (however communicated) that is of a type that the other party could reasonably have been expected to know that the information was confidential;
Contract means any contract between the Supplier and the Customer for the supply of Goods and/or Services including the Order and incorporating these Conditions;
Contract Period means the period of supply of the Goods and/or the Services as set out in the Contract;
Customer means the person(s), firm or company who Contracts with the Supplier to Supply the Goods and/or Services;
Funding Site means a website that allows Customers to generate funding through Users shopping on the internet;
Goods means any goods to be supplied to the Customer by the Supplier or its sub-contractors in accordance with the Contract for the avoidance of doubt this includes but is not limited a dedicated section within the SurfGiver Site;
Income means the balance of monies left when the Commission, all applicable taxes and bank charges have been deducted from the Primary Commission;
Insolvency shall have the meaning set out in Clause 10.2.2;
Intellectual Property Rights means any and all intellectual property rights protected under any law anywhere in the world including, without limitation, patents, designs, copyright, trade marks, know-how, technical information, rights in data and database rights (whether registered or unregistered or any applications for registration) whether now known or future;
Order means any order made by the Customer for Goods and/or Services from the Supplier, for the avoidance of doubt this includes filling out the registration form on the SurfGiver Site;
Primary Commission means the monies received by the Supplier from third parties in payment for referring Users to the third parties websites from the SurfGiver Site;
Quotation means any written or verbal quotation provided to the Customer by the Supplier for the provision of the Goods and/or the Services;
Registered Member means Users who have registered their details on the SurfGiver Site;
Services means any services to be supplied to the Customer by the Supplier or its sub-contractors in accordance with the Contract;
Supplier means SurfGiver Limited (Company Number: 06374620 ) whose registered office is situated at TOP FLOOR, 71 MARLOW CRESCENT, TWICKENHAM, MIDDLESEX, TW11DD and its Subsidiaries from time to time and Subsidiary shall have the meaning as set out in Section 736 of the Companies Act 1985 as amended;
SurfGiver Site means the internet site www.surfgiver.co.uk orwww.surgiver.com;
Users means members of the public who use and access the SurfGiver Site;
Working Day means a day Monday to Friday which the Supplier is ordinarily open for business excluding any bank holidays and statutory holidays.
1.1 In these Conditions, unless a contrary intention appears:
1.1.1 the masculine includes the feminine and vice versa;
1.1.2 the singular includes the plural and vice versa;
1.1.3 a reference to any statute, enactment, order, regulation or other similar instrument shall be construed as a reference to the statute, enactment, order, regulation or instrument as amended by any subsequent statute, enactment, order, regulation or instrument or as contained in any subsequent re-enactment thereof;
1.1.4 headings are for ease of reference only and shall not effect the interpretation or construction of these Conditions;
1.1.5 any lists or examples following the word including shall be interpreted without limitation to the generality of the preceding words;
1.1.6 references to Clauses are, unless otherwise provided, references to Clauses of these Conditions;
1.1.7 references to writing shall include facsimile and email.
2. FORMATION OF CONTRACT
2.1 Orders will be placed by the Customer via the registration form on the SurgGiver Site. Each Order placed by the Customer with the Supplier shall be deemed to be an offer by the Customer for the Supplier to supply the Goods and/or the Services subject to these Conditions.
2.2 No Order placed by the Customer shall be deemed to be accepted by the Supplier until a written acknowledgement of the Order is issued by the Supplier for the avoidance of doubt this confirmation may be sent in e-mail form.
2.3 Any Quotation provided to the Customer by the Supplier is provided on the basis that it is not an offer capable of acceptance and that no contract will come into existence until an Order is placed by the Customer in accordance with Clause 2.1 and the Supplier accepts such Order in accordance with Clause 2.2.
2.4 These Conditions are the only basis on which the Supplier is prepared to deal with the Customer and the Contract shall be based on these Conditions to the entire exclusion of all other terms and conditions which the Customer may purport to apply to the Contract. These Conditions shall apply to all Contracts for the supply of Goods and/or Services by the Customer from the Supplier.
2.5 These Conditions shall govern each Order made by the Customer and no terms or conditions endorsed upon, delivered with or contained in the Customer's purchase order, confirmation of order, specification or other document will form part of the Contract including by way of reference to any such document.
3. DESCRIPTION
3.1 Orders shall normally be placed by the Customer on the basis of a Quotation provided by the Supplier. Where an Order placed on the basis of a Quotation is accepted by the Supplier, the terms of the relevant Quotation (including any description of the Goods and/or Services to be provided by the Supplier and the Price to be paid for them) shall be incorporated into and form part of these Conditions. In the event of any conflict between the Quotation and these Conditions, the terms of these Conditions shall prevail.
4. SUPPLY OF THE GOODS AND/OR SERVICES
4.1 Any dates specified by the Supplier for the supply of the Goods and/or Services are intended to be an estimate only and time of supply of the Goods and/or Services shall not be of the essence for the purposes of the Contract. If no date is specified the supply of the Goods and/or Services will be within a reasonable time.
4.2 Subject to the provisions of Clause 9 of these Conditions, the Supplier will not be liable for any loss (including loss of profit), costs, damages, charges or expenses of the Customer caused directly or indirectly by any delay in the supply of the Goods and/or Services (even if caused by the Supplier's negligence), nor will any delay caused by the Supplier entitle the Customer to terminate the Contract.
4.3 Where the Contract includes the supply and delivery of Goods, risk in and responsibility for the Goods shall pass to the Customer on delivery. Notwithstanding delivery and passing of risk in the Goods (or any other provision of these Conditions) the property in and title to the Goods shall not pass to the Customer and the Supplier shall at all times retain title in the property.
5. COMMISSION
5.1 Unless otherwise agreed by the Supplier in writing, the Commission for the Goods and/or Services shall be:
5.1.1 (10%) ten percent. of the Primary Commission received by the Supplier if the User is a Registered Member; or
5.1.2 (40%) forty percent of the Primary Commission received by the Supplier if the User is not a Registered Member.
All Commission due to the Supplier in accordance with the provision of Goods and/ or Services shall be deducted by the Supplier in accordance with the Conditions.
6. PAYMENT
6.1 Unless the parties agree otherwise in writing, the Supplier shall deduct all Commission due to the Supplier upon receiving the Primary Commission.
6.2 It is the Customers responsibility to account for all Value Added Tax (VAT) payable on the Income it receives from the Supplier.
6.3 It is the Customers responsibility to inform the Supply if they are VAT registered.
6.4 All Income due to the Customer will be paid within thirty (30) days of the Supplier receiving the Primary Commission.
6.5 All Income paid to the Customers in accordance with these Conditions will be accompanied by a supporting commission receipt which shall include but is not limited to:
6.5.1 the total Primary Consideration received;
6.5.2 the total Commission deducted by the Supplier.
6.5.3 the total Income due to the Customer.
6.6 Unless agreed by the Supplier, all Income payable to the Customer shall be calculated and paid in Pounds Sterling (£).
6.7 Any queries in respect of the Income due to the Customer, the Primary Commission or the Commission should be brought to the Supplier's attention within seven (7) days of the date of the invoice. Where any dispute arises as to the contents of any invoice the parties shall enter into good faith discussions to resolve such dispute but, for the avoidance of doubt, the Supplier will not be relieved of its right to deduct the Commission due.
6.8 If there should be a dispute between the Parties as outlined but not limited to the situation described in clause 6.7 then provisions of Goods and /or Services by the Supplier shall be suspended, for the avoidance of doubt this shall include but is not limited to suspension of the right and ability for the general public or the Customer to access the SurfGiver Site.
6.9 In the event that such default continues for longer than thirty (30) days, the Supplier shall be entitled but not bound (without any liability and without prejudice to any other rights that it may have in respect thereof) to terminate the Contract forthwith on written notice to the Customer.
6.10 Where the Supplier elects to pursue its right under Clause 6.9, the Supplier shall not be in breach of these Conditions nor shall the Supplier have any liability to the Customer.
6.11 The Supplier will not be liable to pay any monies to the Customer in situations where the Suppler does not receive any Primary Consideration, for the avoidance of doubt this will include but is not limited to situations where Users return products purchased via the SurfGiver Site.
7. CUSTOMER OBLIGATIONS
7.1 The Customer shall:
7.1.1 provide such site information and graphics (including but not limited to site logos promotional copy and pantones) as the Supplier may reasonably require to carry out its obligations under the Contract;
7.2 For the avoidance of doubt where the Customer fails to comply with its obligations under this Clause 7 the Supplier shall be entitled to delay performance of its obligations without liability until the Customer so complies.
7.3 The Customer shall indemnify and keep indemnified the Supplier against all and any actions, claims, demands, costs and expenses (including legal expenses and disbursements) incurred by or made against the Supplier in respect of any loss or damage or personal injury (including death) which arises out of or in connection with the Customer's failure to meet its obligations under this Clause 7.
8. CUSTOMER WARRANTIES
8.1 The Customer warrants and represents that:
8.1.1 it shall comply fully with any statutory requirements or regulations applicable to it in relation to the Date Protection Act 1998;
8.1.2 it is a registered charity with Charities Commission in the UK;
8.1.3 that it consents to the Supplier deduction the Commission from the Primary Consideration before the Income is paid to the Customer;
8.2 The Customer shall indemnify and keep indemnified the Supplier against all and any actions, claims, demands, costs and expenses (including legal expenses and disbursements) incurred by or made against the Supplier in respect of any loss or damage or personal injury (including death) which arises out of or in connection with the Customer's breach of Clause 8.1.
9. LIMITATION OF LIABILITY
9.1 The following provision sets out the entire financial liability of the Supplier
(including any liability for the acts or omissions of its employees, agents and
sub-contractors) to the Customer in respect of:
9.1.1 any breach of these Conditions; and
9.1.2 any representation, statement or tortious act or omission including negligence
arising under or in connection with the Contract.
9.2 All warranties, conditions and other terms implied by statute or common law or through trade custom or course of dealing are, to the fullest extent permitted by law, excluded from the Contract.
9.3 Nothing in these Conditions excludes or limits the liability of either party for death or personal injury caused by the other party's negligence or for fraud or fraudulent misrepresentation nor where liability cannot be excluded or limited as a matter of law (e.g. for breach of any obligations implied by Section 12 of the Sale of Goods Act 1979 (as amended), Section 2 of the Supply of Goods and Services Act 1982 nor for damage caused by defective products within the meaning of the Consumer Protection Act 1987 Part 1).
9.4 Whether or not the Customer has been advised of the possibility of such a loss, the Supplier shall not be liable in contract, tort (including negligence), statutory duty or otherwise howsoever for any claim, damage, loss or costs in respect of (whether direct or indirect):
9.4.1 loss of profit;
9.4.2 loss of use;
9.4.3 loss of anticipated contracts and/or savings;
9.4.4 loss of goodwill;
9.4.5 loss of opportunity;
9.4.6 loss of business and/or business interruption; or
9.4.7 any indirect loss or consequential or special loss or damage;
and the parties intend that each type of loss under this Clause 9.4 shall be severable in accordance with Clause15.7.
9.5 The Customer acknowledges that the Commission due to the Supplier for the provision of Goods and Services is determined on the basis of the exclusions and limitations of liability contained in these Conditions. The Customer expressly agrees that these exclusions and liabilities are reasonable because of (amongst other matters) the likelihood that the amount of damages awardable to the Customer for a breach by the Supplier of these Conditions may otherwise be disproportionately greater than the Commission received by the Suppliers for the provision of Goods and/ or Services.
10. TERM AND TERMINATION
10.1 The Contract shall come into effect on the Commencement Date and shall continue in force for the Contract Period.
10.2 The Contract may be terminated at any time for cause by either Party in the following circumstances, with immediate effect from the date of service of a written notice on the other party:
10.2.1 if the other Party is in material breach of this Contract, and, if the breach is capable of remedy, that Party has failed to remedy such breach within thirty (30) days of receipt of notice to do so;
10.2.2 if the other Party becomes Insolvent. For the purpose of these Conditions, "Insolvent" shall have the following meaning:
10.2.2.1 a resolution is passed or an order is made for the winding up of the other (otherwise than for the purpose of solvent amalgamation or reconstruction); or
10.2.2.2 the other becomes subject to an administration order; or
10.2.2.3 a receiver or administrator is appointed over the whole or part of the other party's business; or
10.2.2.4 an encumbrancer takes possession of any of the other’s property or equipment; or
10.2.2.5 if a proposal shall be made for a voluntary arrangement within Part 1 of the Insolvency Act 1986; or
10.2.2.6 if a proposal is made for any other composition, scheme or arrangement with (or assignment for the benefit of) its creditors; or
10.2.2.7 it shall be unable to pay its debts within the meaning of Section 123 of the Insolvency Act 1986; or
10.2.2.8 the other, being an individual or partnership, is declared or adjudicated bankrupt or enters into any arrangement or composition with its creditors; or
10.2.2.9 anything analogous to the events set out in sub clauses (a) to (h) occurs;
10.2.3 if the other party ceases or threatens to cease to carry on all or part of its business.
10.3 On termination of the Contract for any reason:
10.3.1 the accrued rights of the parties as at termination and the continuation of any provision expressly stated to survive or implicitly surviving termination shall not be affected.
11. INTELLECTUAL PROPERTY RIGHTS
11.1 All Intellectual Property Rights produced from or arising as a result of the performance of the Contract shall, so far as not already vested, become the absolute property of the Supplier, and the Customer shall do all such acts, execute all such documents and enter into all such agreements with third parties as are reasonably necessary to ensure that such rights vest in the Supplier.
12. CONFIDENTIALITY
12.1 Each party shall and shall procure that their employees, agents, representatives and sub-contractors shall keep secret and not disclose any Confidential Information in relation to the other party obtained by reason of the Contract except information which is in the public domain. This Clause 12 shall apply during the continuance of this Contract and after its termination howsoever arising without limitation in time.
13. ASSIGNMENT AND SUBCONTRACTING
13.1 The Supplier may assign or sub-contract all or any part of its obligations under the Contract to any person, firm or company. Where the whole or any part of the Contract is sub-contracted by the Supplier, such sub-contractor shall have the benefit of these Conditions and shall be under no greater liability to the Customer than or in addition to that of the Supplier under the Contract and the Customer agrees with the Supplier that no claim shall be made against a sub-contractor in addition to or in excess of the limitation and/or exclusions of liability as set out in these Conditions.
14. FORCE MAJEURE
14.1 The Supplier reserves the right to defer the date of delivery or to cancel the Contract or reduce the volume of the Services ordered by the Customer (without liability to the Customer) and shall not be liable for any failure to meet its obligations under the Contract if it is prevented from or delayed in the carrying on of its business due to circumstances beyond the reasonable control of the Supplier including, without limitation; acts of God, governmental actions, war or national emergency, acts of terrorism, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, explosion, flood, storm, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either party's workforce), failure of a utility service or transport network, or restraints or delays affecting carriers or inability or delay in obtaining supplies or adequate or suitable materials, provided that, if the event in question continues for a continuous period in excess of thirty (30) days, the Customer shall be entitled to give notice in writing to the Supplier to terminate the Contract.
15. GENERAL
15.1 ADVERTISING
All rights relating to advertising of third party products and or services on the SurfGiver Site remain the sole and exclusive right of the Supplier. Under no circumstances is the Customer permitted to sell or provide free of charge to any third party to the Contract any advertising or promotional rights that relate directly or indirectly to the Supplier or the SurfGiver Site.
15.2 OWNERSHIP
All rights in the SurfGiver Site will at all time remain vested in the Supplier. For the avoidance of doubt, where the Customer uses the SurfGiver Site as a Funding Site the Supplier will at all times retain title in and to the SurfGiver Site.
15.3 No changes to these Conditions will apply unless they have been agreed to in writing and signed by an authorised signatory of both parties.
15.4 Save where expressly stated to the contrary neither party intends that any third party is to be able to enforce any term of this Contract.
15.5 The Contract (incorporating the Conditions) constitutes the entire agreement between the parties in respect of the supply of Goods and/or Services to the Customer by the Supplier. The Contract replaces any previous agreement or understanding between the parties.
15.6 The Customer expressly acknowledges and agrees that in entering into the Contract it does not rely on any undertaking, promise, assurance, statement, representation, warranty or understanding (whether in writing or not) of any person (whether party to the Contract or not) relating to the subject matter of the Contract, other than as expressly set out in the Contract.
15.7 Each right or remedy of the Supplier under the Contract is without prejudice to any other right or remedy of the Supplier whether under the Contract or not.
15.8 If any provision of the Contract is held invalid, illegal or unenforceable by any court of competent jurisdiction, such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if the Contract had been executed with the invalid, illegal or unenforceable provision eliminated.
15.9 Any waiver by the Supplier of any breach of, or any default under, any provision of the Contract by the Customer will not be deemed a waiver of any subsequent breach or default and will in no way affect the other terms of the Contract.
15.10 Nothing in the Contract is intended to, or shall operate to, create a partnership or corporate relationship between the parties, or to authorise either party to act as the agent of the other, and neither party shall have the authority to act in the name of or otherwise to bind the other in any way (including the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).
15.11 Any notice to be given under this Contract shall be in writing and shall be delivered or sent by pre-paid first class recorded delivery post or facsimile transmission to the party to be served at that party's registered office marked for the attention of the Company Secretary of that party.
15.12 Any such notice shall be deemed to have been served:
15.12.1 if delivered, at the time of delivery; or
15.12.2 if posted at the expiration of forty eight (48) hours after the envelope containing the same shall have been put in the post; or
15.12.3 if sent by facsimile transmission if transmitted to the recipient's current head office number upon the sender's receipt of a confirmed log out print for the transmission regarding the date time and transmission of all pages provided that a copy of the facsimile transmission is sent by first class recorded delivery post to the registered office of the party to be served with such notice on the same day;
15.12.3.1 provided that delivery, etc., occurs within normal working hours of the recipient, otherwise such notice shall be deemed to have been served on the next Working Day.
15.13 The formation, existence, construction, performance, validity and all aspects of the Contract shall be governed by and construed in accordance with English law and the parties submit to the exclusive jurisdiction of the English courts.
16 CONSUMERS
16.1 Please note that this Clause 16 applies only to Customers when it is entering into the Contract as a consumer. A consumer is someone who is not contracting in the course of business.
16.2 Where the Customer is acting as a consumer under the Unfair Contract Terms Act 1997, the following provisions of these Conditions may, subject to determination by the courts, have no force or effect:
16.2.1 Clause 7.3; and
16.2.2 Clause 8.2.
16.2.3 Nothing in these Conditions affects your statutory rights.
November 2007
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PRIVACY POLICY - SURFGIVER
1.1 The website under the domain name www.surfgiver.co.uk (the Website) is operated by SurfGiver Limited or its authorised sub-contractors. We are responsible for the processing of your personal data and we are the data controller for all such information.
1.2 We have developed this Privacy Policy so that you may feel confident about the privacy and security of your personal information. This Privacy Policy (together with the terms of use of the Website and any other documents referred to on it) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us, the purpose of our collection of it and how we protect the information.
1.3 Countries in the European Economic Area (EEA) are required to have a similar standard of protection of personal data. This is not always the case outside that area. We may transfer data outside the EEA and before doing so take steps to ensure that there is adequate protection, as required by relevant Data Protection legislation.
2. DATA PROTECTION
2.1 As data controller, we take all necessary steps to comply with the Data Protection Act 1998 (as amended, restated or re-enacted from time to time) and its relevant subordinate legislation when handling any personal information.
2.2 When you supply any personal information to us we will meet our legal obligations to you in the way that we deal with that information.
2.3 In accordance with the Data Protection Act 1998 we are required to collect the information fairly and to let you know how we will use it (see Clause 3) and whether we will pass the information on to anyone else (see Clause 4).
2.4 We will comply with the Principles set out in the Data Protection Act 1998.
2.5 We will take reasonable precautions to safeguard your personal data against loss and unauthorised disclosure or access (see Clause 6).
3. USE OF PERSONAL INFORMATION
3.1 We may collect and process the following personal information about you:
3.1.1 name;
3.1.2 company name;
3.1.3 company address;
3.1.4 company telephone number;
3.1.5 mobile telephone number;
3.1.6 company fax number;
3.1.7 contact e-mail address;
3.1.8 billing and payment details, including company credit card number;
3.1.9 when you respond to requests to submit personal information about yourself;
3.1.10 if you contact us, we may keep a record of that correspondence.
3.2 We may also keep a record of those parts of the Website that you use most often to enable us to monitor, support, improve and develop our service and to know which parts are of the most interest to you.
3.3 We will use the personal information supplied by you to:
3.3.1 to deliver to you services and information which you have requested;
3.3.2 to provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes;
3.3.3 to ensure that content from the Website is presented in the most effective manner for you and for your computer;
3.3.4 to carry out our obligations arising from any contracts entered into between you and us;
3.3.5 to contact you for your views on our services and events and to notify you occasionally about important changes or developments to the Website or our services.
3.4 By using the Website you consent to our collection and use of this information.
3.5 You can at any time send an email to info@surfgiver.co.uk if you decide that you no longer wish to receive information provided to you under Clause 3.3.2.
4. DISCLOSURE OF PERSONAL INFORMATION
4.1 We take all reasonable care to prevent any unauthorised access to your personal data.
4.2 We may disclose your personal information to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 736 of the UK Companies Act 1985 (as amended from time to time). We may also disclose your personal information to NewSubstance Limited (Registered Number: 5198525 , whose registered office is at 2 Brookfield Avenue, Poynton, Cheshire SK12 1HZ and The Latitude Idea Factory Ltd (Registered Number:5080628), whose registered office is at 17 Heathmans Road, Parsons Green, London, SW6 4TJ
4.3 We will only supply your personally identifiable information to any third party:
4.3.1 in order to enhance our service and the services we can offer you and where we have your consent to share the information;
4.3.2 where we need to share the information to provide a product or service you have requested;
4.3.3 where we need to send the information to persons or organisations who work on our behalf to provide a product or services to you. Such persons or organisations may only use this information in order to provide such product or service on our behalf and not for any other purpose;
4.3.4 in the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets; or
4.3.5 where we are required to forward the information in order to comply with a regulatory or legal process.
5. RIGHT OF ACCESS TO YOUR INFORMATION
5.1 Should you wish to obtain a copy of the personal data we hold on you please write to SurfGiver Limited, TOP FLOOR, 71 MARLOW CRESCENT, TWICKENHAM, MIDDLESEX, TW11DD, England. Please note that a small fee will be payable.
5.2 If it transpires that the information held is inaccurate, we will make the necessary amendments and confirm to you that these have been made.
6. HOW WE PROTECT YOUR DATA
6.1 The internet is not a secure medium, however we take great care to ensure the security of the Website and of your personal information. Once we have received your personal information, we will use security features to prevent access by unauthorised persons to the system on which your personal information is held.
6.2 We will retain your information for a reasonable period or for as long as the law requires.
7. USE OF COOKIES
7.1 We may work with third parties to research certain usage and activities on the Website on our behalf. No personal information about you is shared, however in the course of conducting this research these third parties may place a unique "cookie" on your browser.
7.2 A cookie is a small file which is sent to your browser and stored on your computer's hard disc and helps us understand and track your use of the Website and where we can improve the information and services provided.
7.3 We use cookies solely to gather information on IP addresses, to analyse trends, administer the Website, track users’ movements on the Website and gather broad demographic information for aggregate use. IP addresses are not linked to other personally identifiable information and will not be used to deliver targeted marketing messages.
7.4 For information about blocking the use of cookies, please refer to the instructions/help screen on your internet browser. Please note that you may not be able to use or access certain parts of the Website or online services if you block the use of cookies.
8. LINKS TO OTHER WEBSITES
8.1 This Privacy Policy extends only to the Website and therefore does not extend to your use of, provision of data to, and collection of data on any website not connected to us to which you may link by using the hypertext links * within the Website.
8.2 * Hypertext links are a means by which visitors can skip from one website to another or from one page to another within the same site.
9. CHANGES
9.1 We may edit or amend this Privacy Policy from time to time. If we make any substantial changes to the Privacy Policy, we will notify you by using a prominent notice on the home page of the Website.
9.2 As a result of improvements we make to our services, amendments to laws or regulation or developments in the technology or processes we use, we may change the information we hold about you and/or the way in which or the purposes for which we process such information. If we make any substantial change in the way in which we use your personal information we will notify you by email.
10. CONTACT
Questions, comments and requests regarding this Privacy Policy are welcomed and should be addressed to SurfGiver Limited, TOP FLOOR, 71 MARLOW CRESCENT, TWICKENHAM, MIDDLESEX, TW11DD England or via the Contact Us section of the Website.
November 2007
