Elevate

Registered Charity No. 1163004 (England & Wales)

Registered office: The Business Centre, Cardiff House, Cardiff Rd, Barry, Vale of Glamorgan, CF63 2AW

 

Elevate (Sales) is a wholly owned subsidiary of the Elevate and covenants all of its taxable profits to the charity.

TERMS OF USE:

1. Definitions

In these terms and conditions the following capitalised words shall have the following meanings:

“Content” means all material including, without limitation, text, video, graphics and audio, published on the website, whether copyright of Elevate or a third party;

“Intellectual Property Rights” means all patents, designs rights, trade marks, trade and business names and all associated goodwill, rights to sue for passing off, copyright, moral rights and related rights, rights in databases, domain names, rights in information (including know-how and trade secrets) and all other similar or equivalent rights existing now or in the future in any part of the world, in each case whether registered or unregistered and including all applications for, and renewals or extensions of, such rights for their full term;

“Elevate” means the Elevate and Elevate (Sales) as relevant.

“website” means this website.

2. Accessing this site:

a. By using the website you agree to be legally bound by these terms and conditions, which shall take effect from your first use of the website. If these terms and conditions are not accepted in full, the use of the website must be terminated immediately.

b. Elevate reserves the right to change these terms and conditions at any time by posting changes online. Your continued use of the website after any changes are posted means you agree to be legally bound by these terms as updated and/or amended. You agree to review this agreement periodically to ensure you are aware of any changes.

c. Elevate reserves the right to withdraw or amend the service it provides on the website without notice and will not be liable if for any reason the website is unavailable at any time or for any period.

d. From time to time, Elevate may restrict access to some parts of the website, or the entire website, to users who have registered.

e. If you choose, or are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. Elevate reserves the right to disable any user identification code or password, whether chosen by or allocated to you, at any time, if, in the reasonable opinion of Elevate, you have failed to comply with any of the provisions of these terms and conditions.

f. 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 conditions, and that they comply with them.

g. Elevate does not warrant that the functions contained in the website will be uninterrupted or error free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy and reliability of the content.

h. Elevate does not warrant that functions contained in the website will be uninterrupted or error free, that defects will be corrected, or that the website or the server that makes it available on the internet are virus-free.

i. No data transmission over the internet can be guaranteed to be 100% secure; therefore any information sent by e-mail or submitted through the website is at your own risk.

j. The website is provided “as is” without any representations or any form of warranty (whether made expressly or implied by law), including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

k. You agree to use the website for lawful purposes and in a way that does not infringe the rights of, nor restrict or inhibit anyone else’s use and enjoyment of, the website.

3. Intellectual Property Rights:

a. All Content on the website is the copyright of Elevate or third parties.

b. You may view the Content on screen. You may not copy, reproduce, republish, download, post, broadcast, transmit or otherwise use the Content in any way except for non- commercial personal or educational use.

c. You agree not to adapt, alter or create a derivative work from any of the Content except for non-commercial personal or educational use. Any other use of the Content requires the prior written permission of Elevate.

d. The status of Elevate  (and that of any identified contributors) as the authors of any Content must always be acknowledged.

e. If you copy, reproduce, republish, download, post, broadcast, transmit or otherwise use the Content in breach of these terms and conditions, your right to use the website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

f. The names, images and logos identifying Elevate or any other third parties referred to on the website and their products and services may be subject to copyright, design rights or trade mark rights. These trademarks may not be reproduced without the consent of the relevant owners. Nothing contained in these terms and conditions shall be construed as conferring any licence or right to use any trademark, design right or copyright of Elevate or any other third party.

4. Reliance on information posted:

a. Commentary and other materials posted on the website are not intended to amount to advice on which reliance should be placed. Elevate therefore disclaims all liability and responsibility arising from any reliance placed on such materials by any visitor to the website, or by anyone who may be informed of any of its contents.

b. Elevate updates the website regularly, and may change the Content at any time. Any of the Content on the website may be out of date at any given time, and we are under no obligation to update such material.

5. Our Liability:

a. Elevate will not be liable for any damages, including indirect or consequential damages, or any damages arising from the use or loss of use of the website, or the loss of data or profits, whether in contract, negligence or other tortuous action, arising from or in connection with the use of the website.

b. Nothing in these terms and conditions affects our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

6. Privacy Policy:

a. We process information about you in accordance with our privacy and cookie policy . By using the website, you consent to such processing and you warrant that all data provided by you is accurate.

7. Transactions concluded through the website:

a. Contracts for the supply of goods and services made by you and formed through the website and the online shop are governed by our terms and conditions of supply.

8. Uploading material to the website:

a. Where you are invited to submit any contribution to the website (including any text, photographs, graphics, video or audio) you agree, by submitting your contribution, to grant Elevate a perpetual, royalty-free, non-exclusive, sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, make available to the public, and exercise all copyright and publicity rights with respect to your contribution worldwide and/or to incorporate your contribution in other works in any media now known or later developed for the full term of any rights that may exist in your contribution, and in accordance with privacy restrictions set out in Elevate’s privacy policy. If you do not want to grant to Elevate the rights set out above, please do not submit your contribution.

b. Contributions must be your own, they must be civil and tasteful. They must not contain any unlawful or objectionable content and they must not infringe the law. Should you identify contributions which are unlawful, distasteful or otherwise objectionable then please contact Elevate: info@elevate.community

c. When you provide your details or contributions to us you are stating that you are over 18 years of age or are a minor with parental consent. You agree that any information you provide to us about yourself upon registration or at any time will be true and accurate.

d. Elevate will not be responsible, or liable to you or any third party, for the content or accuracy of any materials posted by you or any other user of the website.

e. Elevate has the right to remove any material or posting you make on the website if, in our opinion, such material does not comply with these terms and conditions.

9. Viruses, hacking and other offences:

a. You must not misuse the website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful.

b. You must not attempt to gain unauthorised access to the website, the server on which the website is stored or any server, computer or database connected to the website.

c. You must not attack the website via denial-of-service attach or a distributed denial-of-service attack.

d. If you breach any of paragraphs 9(a)-(c) above, you will be committing a criminal offence under the Computer Misuse Act 1990. Elevate will report any such breach to the relevant law enforcement authorities and will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the website will cease immediately.

e. Elevate will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the website or to your downloading of any Content, or any website linked to the website.

10. Linking to the website:

a. You may link to the website, provided you do so in a way that is fair and legal and does not damage the reputation of Elevate or take advantage of it either commercially and non-commercially. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on the part of Elevate where none exists.

b. You will remove any such link immediately if requested by Elevate.

11. Links from our Website:

a. The website may contain links to other websites. These links are provided for your convenience and Elevate has no control over such websites, nor is it responsible for their content. Elevate’s Privacy Policy does not extend to any websites that can be accessed from http://elevate.community or any related websites within the domain of http://www.elevate.community. The inclusion of these links on the website does not imply endorsement of any material on those websites, or any association with their operators, unless otherwise stated. Elevate cannot guarantee the security of these sites, the operation of the links or that they will be virus-free.

b. Your use of any third party websites is at your own risk and subject to their respective terms & conditions and privacy policies. Elevate accepts no responsibility for any loss or damage that may result from your use of any third party websites.

12. Elevate apps 

a. The Terms and Conditions of the use of the website will apply equally for your use of the Elevate app (the “App”) in addition to the terms in this condition 12.

b. You are responsible for using the App in a private and secure manner. Elevate is not liable for any damage or loss due to unauthorised account access resulting from your actions, such as sharing your account password or not logging out of the App. Where the App utilises the account management of a social networking website (such as Facebook), you are responsible for maintaining the confidentiality of your applicable social networking website password and account, and are fully responsible for all activities that occur under your account.

c. You may not use the App for any illegal activity or to violate laws in your jurisdiction. You may not use the App to distribute unsolicited email (“spam”) or malicious content such as viruses or worms. You may not exploit the App to access confidential information.

d. Elevate has the right, but not the obligation, to remove content on the App that it determines in its sole discretion to be unlawful, offensive, threatening, libellous, defamatory, obscene or otherwise objectionable, that violates any party’s intellectual property, or that is detrimental to the quality or intended spirit of the App. Elevate also has the right, but not the obligation, to limit or revoke the use privileges of account of anyone who posts such content or engages in unacceptable behaviour on the App.

e. You expressly understand and agree that:

i. Your use of the app is at your sole risk. The service is provided on an “as is” and “as available” basis. Elevate and its subsidiaries, affiliates, officers, employees, agents, partners and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

ii. Elevate makes no warranty that (i) the app will meet your requirements or expectations, (ii) that your access to or use of the app will be uninterrupted, timely, secure or error free, (iii) that any defects in the app will be corrected, or (iv) that the app or any server through which you access the app is free of viruses or other harmful components.

iii. Any material downloaded or otherwise obtained through the use of the app is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

iv. No advice or information, whether oral or written, obtained by you from Elevate or through or from the app shall create any warranty not expressly stated in these terms and conditions.

13. Elevate Facebook  & Twitter App

a. The Terms and Conditions of the use of the website will apply equally for your use of the With Elevate Facebook & Twitter app (the “App”) in addition to the terms in this condition 12.

b. By your use of the App you agree to (i) Elevate’s Privacy Policy; and (ii) Elevate sharing of your data with our charity colloboration partner (listed below), if you are an existing supporter of that charity.

c. You are responsible for using the App in a private and secure manner. Elevate is not liable for any damage or loss due to unauthorised account access resulting from your actions, such as sharing your account password or not logging out of the App. Where the App utilises the account management of a social networking website (such as Facebook), you are responsible for maintaining the confidentiality of your applicable social networking website password and account, and are fully responsible for all activities that occur under your account.

d. You may not use the App for any illegal activity or to violate laws in your jurisdiction. You may not use the App to distribute unsolicited email (“spam”) or malicious content such as viruses or worms. You may not exploit the App to access confidential information.

e. Elevate has the right, but not the obligation, to remove content on the App that it determines in its sole discretion to be unlawful, offensive, threatening, libellous, defamatory, obscene or otherwise objectionable, that violates any party’s intellectual property, or that is detrimental to the quality or intended spirit of the App. Elevate also has the right, but not the obligation, to limit or revoke the use privileges of account of anyone who posts such content or engages in unacceptable behaviour on the App.

f. You expressly understand and agree that:

i. Your use of the app is at your sole risk. The service is provided on an “as is” and “as available” basis. Elevate and its subsidiaries, affiliates, officers, employees, agents, partners and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

ii. Elevate makes no warranty that (i) the app will meet your requirements or expectations, (ii) that your access to or use of the app will be uninterrupted, timely, secure or error free, (iii) that any defects in the app will be corrected, or (iv) that the app or any server through which you access the app is free of viruses or other harmful components.

iii. Any material downloaded or otherwise obtained through the use of the app is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

iv. No advice or information, whether oral or written, obtained by you fromElevate or through or from the app shall create any warranty not expressly stated in these terms and conditions.

List of charity collobaration partners:

MOE Foundation

Association of Coaching

BIG Lottery Fund

Cardiff Against Bullying

Participating Schools

Participating Universities

 

14. Jurisdiction and applicable law:

a. The terms and use of the website shall be governed by the laws of England and Wales and shall be subject to the exclusive jurisdiction of the courts of England and Wales although we retain the right to bring proceedings against you for breach of these terms and conditions on your country of residence or any other relevant country.

b. If there is any conflict between these terms and conditions and any rules and/or specific terms of use appearing on specific sections of the website, then the latter shall prevail.

Your Concerns:

If you have any concerns about material which appears the website, please contact:

Elevate on:

email:  info@elevate.community

phone: – 01446 400794

Last updated: February 2017.