My Action for Children (beta)

Terms and Conditions

My Action for Children Terms and Conditions

1. Definitions
In the context of these terms and conditions, the following words shall have the following meanings;

1.1 "Action for Children" means Action for Children, a charity registered under number 1097940/SC038092 and a company limited by guarantee registered under number 4764232, having our registered office at Action for Children, 3 The Boulevard, Ascot Road, Watford WD18 8AG.

1.2 “The Material” means all the information, data, text, graphics, links or computer code posted by donors or project managers on the website.

1.3 “The Website” means the My Action for Children website under the ownership or control of Action for Children from which a link has been created to these terms and conditions.

1.4 "User" means the individual, firm, company or organisation accessing this website.

2. Applicable terms and conditions

2.1 The Website is owned by Action for Children and any use made of this site (including registrations and donations made via the Website), are subject to these terms and conditions. Action for Children may, at its sole discretion, modify or revise these terms and conditions at any time by updating the text of this page.

3. Use of the Website
Anyone is entitled to view any non-password protected parts of the Website and to use for their own purposes the information contained therein, provided;

3.1 It is used for information purposes only, for reproduction for personal use only and not for reproduction on any other website or for commercial gain.

3.2 Any links created to the Website are notified to and approved by Action for Children before they are created.

3.3 No part of the Website is copied, stored in a retrieval system, or transmitted in any form or by any means to any third party without the written permission of Action for Children.

4. Copyright and trade marks

4.1 Copyright in the Material is owned by Action for Children or its content suppliers. Unauthorised use of the Material including reproduction, storage, modification, distribution or republication without the prior written consent of Action for Children or, where applicable, the respective copyright owner(s) is prohibited.

4.2 The names and logos of Action for Children and all related product and service names, designs marks and slogans are the trade names, service marks or trade marks of Action for Children and may not be used without the prior consent of Action for Children.

4.3 All works in the nature of databases attract database rights.

5. Project Funding

5.1 By donating to a specific project through the My Action for Children website, you understand that the funds you donate (less any associated transaction fees, administrative costs such as the co ordination of thank you and update emails, photos and footage to bring the project to life, which will not total more than 9.8%) and exclusive of any eligible Gift Aid income, go directly to funding that specific project.

5.2 By donating to provide additional facilities or equipment to a specific project through the My Action for Children website, you understand that should the funds received not reach the amount needed to cover this project you will be contacted by Action for Children an offered alternative project to fund or a refund.  Should you not respond to Action for Children within 1 month stating what you would like done with your donation, it will be spent by Action for Children where the need is greatest.

5.3 By sponsoring a service or project you understand the donation will be spent directly by that service within 12 months. Should the donation not be needed by that particular service, you will be contacted by Action for Children and offered an alternative project or service to fund or a refund.  Should you not respond to within 1 month stating your preference your donation will be spent by Action for Children where the need is greatest.

6. Gift Aid

6.1 When you donate to Action for Children you can confirm that you are a UK taxpayer in accordance with the requirements of the Gift Aid scheme as they apply from time to time and Action for Children UK reclaims Gift Aid on behalf of the charity under the Gift Aid scheme. Any Gift Aid eligible on donations made to a specific project on the My Action for Children site will not be allocated to that project unless you specifically request for us to do so by contacting us at my@actionforchildren.org.uk. We recommend that you consult your own financial or tax advisor with any queries you have about Gift Aid.

7. Privacy and Data Protection

7.1 These Terms and Conditions supplement (and are in addition to) the terms of our Privacy Policy.  Please note that when you agree to these Terms and Conditions you shall be deemed to also have read, understood and agreed to our Privacy Policy in its entirety.
Our Privacy and Data Protection statement can be read in full here.

8. Viruses

8.1 Whilst Action for Children makes all reasonable attempts to exclude viruses from the website it cannot ensure such exclusion and no liability is accepted for damage caused through the downloading of viruses. Therefore, you are recommended to take all appropriate safeguards before downloading information from the Website.

9. Encryption

9.1 Although the Website uses encryption security software in areas where on line payment details are accepted, the security of information and payments transmitted via the Internet cannot be guaranteed. Any loss incurred or sustained by any User who transmits information by means of e-mail or other Internet links shall be borne solely and exclusively by such User and in no event shall any such loss in whole or part be borne by Action for Children or its agents.

10. My Action for Children Rules

10.1 Complaints and Restricting Access

10.1.1 If you wish to make a complaint regarding a comment posted i.e. that is objectionable or otherwise in breach of these Website Rules then please contact us using the user feedback page which is available on all user communities. If a formal complaint is made against you, we reserve the right to suspend your account and only reinstate you it if the complaint is resolved.

10.1.2 Action for Children reserves the right to delete any comment or take action against any user at any time for any reason and without prior contact with the author or contributor.

10.1.3 Action for Children reserves the right to restrict access to the commenting function for any User.

10.1.4 If you are responsible for any breach of these Website Rules, it will not be an excuse to say you did not read the Website Rules.

10.1.5 As a last resort we may issue a ban (either temporary or permanent) if it becomes evident that you are unwilling to keep to these Website Rules. This will only occur if we feel it is necessary to protect others or the integrity of the Website.

10.2. About Your Posts and Comments
Comments posted when contributing material to the site must meet the following requirements.

10.2.1 You must not impersonate anyone else, including, but not limited to, any Action for Children employee, forum staff, or falsely state or suggest that you have an affiliation with a person or association.

10.2.2 Do not post personal information about yourself or others as a public comment e.g. real name; home address; telephone number; email address etc. This will help to protect you and others.

10.2.3 Any material you post in the site will be available to anyone with access to the Website.

10.2.4 Posting of confidential information is prohibited. If you think that your comment may include confidential information then do not post it.

10.2.5 Advertisements, spam, chain letters, pyramid schemes, and requests for money are prohibited.

10.2.6 You are responsible for the content of any comments that you post.

10.2.7 You may not post any material or links to any material which is knowingly false and/or defamatory, inaccurate, abusive, harassing, obscene, profane, threatening or otherwise in violation of the law.

10.2.8 Do not post any material which may be discriminatory or cause offence on the grounds of an individual's sex, race, religion or belief, ethnic or national origin, sexual orientation, age, marital status, disability or working status.

10.2.9 You may not post any material or links to any material as a public comment which is knowingly false and/or defamatory, inaccurate, abusive, harassing, obscene, profane, threatening or otherwise in violation of the law.

10.2.10 You must not post or link to any material that contains any information about any person under the age of 18.

10.2.11 You must not attack someone for having an opinion that differs from your own; if you disagree with someone, please express yourself respectfully.

10.2.12 Remember that the comments are public and your comments may stay on-line for a long time. Try to make sure you cannot be misunderstood.

10.3. Copyright and Third Parties

10.3.1 You own the copyright to the comments you post but you agree to grant us perpetual, royalty-free, non-exclusive licence to publish your entry on any media.

10.3.2 You agree that you will not post any copyright material which is not your own without the express permission of the copyright holder.

10.3.3 You may add links to internal or external sites within your post but you agree to remain responsible for any links you add. We reserve the right to remove any links we consider inappropriate.

10.4 Website Community Disclaimer

10.4.1 The majority of content posted in the Website comments function is created by members of the public, the views expressed are theirs and not those of Action for Children.

11. Your promise to us

11.1 You agree to indemnify and hold harmless Action for Children from and against any claim, liability, cost , damage or loss we may incur (including, without limitation legal costs) as a result of any material you post on our comments or any violation by you of your obligations under these terms and conditions.

12. Disclaimer and Limitation of Liability

12.1 The Website is intended to provide general information only and, as such, should not be considered as a substitute for advice covering any specific situation. Users should seek appropriate advice before taking or refraining from taking any action in reliance on any information contained in this Website. So far as permissible by law, Action for Children does not accept any liability to any person relating to the use of such information.

12.2 Action for Children has supplied the information on this website for individuals and organisations seeking to find out more about childcare issues, the work of Action for Children and how to get involved.

12.3 While we make every effort to make sure the information is accurate, neither the editors nor Action for Children can be held responsible for any actions arising from the use of information gained from this website.

12.4 Action for Children hereby disclaims all warranties and conditions with regard to the Material and any goods or services supplied in relation to the Website, whether express or implied or statutory (including all implied warranties and conditions of merchantability and fitness for a particular purpose). In no event shall Action for Children be liable for any indirect, punitive, special, incidental, or consequential damages whatsoever even if Action for Children has been advised of the possibility of damages including, without limitation, damages for loss of use, data or profits arising out of or in any way connected with the use or performance of the Website, interruptions or delays to the Website, the provision of or failure to provide services, or for any information, Material, goods and services obtained through the Website or otherwise arising out of the use of the Website, whether based on contract, tort or otherwise to the fullest extent permitted by law.

12.5 Any links to third party websites from http://www.actionforchildren.org.uk/ do not amount to any endorsement of that site by Action for Children and any use of that site by you is at your own risk.

13. Safeguarding Children and Young People

13.1 We have obtained relevant permissions from parents and guardians for all images and copy used.

13.2 Models have been used for images displayed on this website to protect the identity of the children and young people we work with.

13.3 All precautions have been taken to protect the identity of children and young people.

13.4 Action for Children has safeguarding central to all that it does. Any information that relates to safeguarding will be shared with the appropriate Local Authority Children’s Services or the Police.

14. Force majeure

14.1 Action for Children shall not be held to be in breach of its obligations hereunder nor liable to the User for any loss or damage which may be suffered by another party due to any cause beyond its reasonable control including without limitation any act of God, fire, storm, flood, lightening, disease, strike, trade dispute, act of terrorism, any act or omission of government or regulatory bodies or communications operators.

15. General

15.1 If any provisions of these terms and conditions are held to be invalid or unenforceable, the validity or enforceability of the remaining provisions shall not be affected.

15.2 These terms and conditions constitute the entire agreement between Action for Children and the User and supersede all other (prior or contemporaneous) communications and proposals, whether electronic or written, between the User and Action for Children.

15.3 Any failure of Action for Children to exercise or enforce any of its rights under these terms and conditions shall not be deemed to be a waiver of any such rights or operate so as to bar the subsequent exercise or enforcement of any such rights.

16. Jurisdiction

16.1 The terms and conditions and the use by the User of the Website shall be governed by the laws of England and Wales and the parties hereto submit to the exclusive jurisdiction of the English courts in all disputes arising out of or relating to the Website and/or any transactions made on the Website, or these terms and conditions.

17. Security

17.1 Action for Children is committed to protecting the security of your data. We use a variety of security technologies and procedures to help protect your personal information from unauthorised access, use or disclosure. For example, we store the personal information you provide in computer servers with limited access that are located in controlled facilities. Our website is hosted using industry-approved, secure operating systems. As well as physical security, firewalls and intrusion detection systems are in place to provide a quick response if an attack takes place.

18. Questions or suggestions

18.1 If you have any questions or suggestions please contact us;
Phone: 0300 123 2112 (open 9.00am to 5.00pm, Monday to Friday)
Email: my@actionforchildren.org.uk
If you do not accept these terms and conditions in full, then you should terminate use of this site immediately.