Our Terms and Policies

Version 1.0.0 - Published On 1st March 2010

This page, together with the documents referred to on it, tells you the terms under which you may use our website.

1.1. These terms apply to all visitors of our website. Additional terms apply if:

1. you register as a user;
2. you book a challenge;
3. you make a payment.

1.2. Before using our website you should read and understand these terms.

1.3. By using our website you accept and agree to be bound by these terms.

1.4. If you refuse to accept these terms do not use our website.

1.5. You should print a copy of these terms for future reference.

1.6. You will be bound by these terms once a contract comes into existence between you and us.

1.7. A contract will come into existence between you and us as set out in the How The Contract Is Formed Between You And Us section below.

1.8. English is the only language in which this contract may be concluded.

1.9. The contract will be stored by us and may be accessed by you, and downloaded in a durable medium, within the Account section of our website.

1.10. Headings do not affect the interpretation of these terms.

Definitions

2.1. By "our website" we mean http://www.chooseachallenge.com, any sub folders of http://www.chooseachallenge.com and any domain names which we own which forward to http://www.chooseachallenge.com or which forward to any sub folders of http://www.chooseachallenge.com.

2.2. By "us", "we" and "our" we mean Smith Ellison Ltd.

2.3. By "terms" we mean these General Terms Of Website Use and our Privacy Policy.

2.4. By "durable medium" we mean any instrument which enables you to store information addressed personally to you in a way accessible for future reference for a period of time adequate for the purposes of the information stored and allows the unchanged reproduction of the information stored. The durable medium we use is PDF (Portable Document Format). The terms which you have agreed to are accessible in the Account part of our website.

2.5. By "information" we mean facts and other information, including actions, which we hold now or at any time in the future and which comes from or relates to your use of our website and our services. Please read our Privacy Policy for more details.

2.6. By "use" we mean use, copy, view, distribute, modify, translate, and create derivative works of.

2.7. By "visitor" we mean any person viewing our website.

2.8. By "content" we mean data, text, information, screen names, graphics, photos, profiles, software, music, files, sounds, static and mobile images.

2.9. By "registered user" we mean anyone who has a Choose a Challenge account.

2.10. By "challenge" we mean any activity, experience or event and any associated training, briefing, induction or debriefing.

2.11. By "home page" we mean http://www.chooseachallenge.com.

2.12. By "force majeure event" we mean as set out in clause 21.

Our Information

3.1. Our company name is Smith Ellison Ltd.

3.2. We are registered in England and Wales under company number 06933942.

3.3. Our trading name is Choose a Challenge.

3.4. Our website is http://www.chooseachallenge.com.

3.5. Our registered office is at 33 Poplar Close, Brandon Groves, South Ockendon, Essex, RM15 6TU.

3.6. Our VAT number is 983 8602 77.

3.7. We are a limited company.

3.8. We are a member of the Fundraising Standards Board (FRSB).

3.9. We are a Corporate Member of the Institute of Fundraising (IoF).

Service Availability

4.1. Our website is only intended for use by people resident in the United Kingdom.

4.2. Access to our website is permitted on a temporary basis. We may withdraw or amend access to our website without notice.

4.3. We are not liable in anyway if, for any reason, our website is unavailable at any time or for any period.

4.4. We may, at any time, restrict access to all or part of our website without notice.

4.5. You are responsible for making all arrangements necessary for you to have access to our website.

4.6. You are responsible for ensuring that all persons who access our website through your internet connection are aware of these terms, and that they comply with them.

Your Status

5.1. By using our website, you warrant that:

1. you are legally capable of entering into binding contracts;
2. you are resident in the United Kingdom;
3. you are accessing our website from the United Kingdom.

How The Contract Is Formed Between You And Us

6.1. The contract is formed between you and us immediately once you start to use our website.

Intellectual Property Rights

We are the owner or the licensee of all intellectual property rights on our website, and in the material published on it. That material is protected by copyright laws and treaties around the world. All such rights are reserved.

7.1. You may print off one copy, and may download extracts, of any page(s) from our website for your personal reference and you may draw the attention of others within your organisation to material posted on our website.

7.2. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any graphics, illustrations, photographs, video or audio sequences separately from any accompanying text.

7.3. Our status (and that of any identified contributors) as the authors of material on our website must always be clearly acknowledged.

7.4. You must not use any part of the materials on our website for commercial purposes without obtaining a written licence to do so from us or our licensors.

7.5. If you wish to make use of any material on our website for purposes other than that set out above, please address your request to team@chooseachallenge.com.

7.6. If you print off, copy or download any part of our website in breach of these terms, your right to use our website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Reliance On Information Posted

8.1. Commentary and other materials posted on our website are not intended to amount to advice on which reliance should be placed.

8.2. We disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our website, or by anyone who may be informed of any of its content.

Our Website Changes Regularly

9.1. Any of the material on our website may be out of date at any given time, and we are under no obligation to update such material.

9.2. We aim to update our website regularly, and may change the content at any time without notice.

9.3. If the need arises, we may suspend access to our website, or close it indefinitely without notice.

Information About You And Your Visits To Our Website

10.1. We process information about you in accordance with our Privacy Policy.

10.2. By using our website, you consent to such processing and you warrant that all information provided by you is accurate and up to date.

Booking Challenges And Making Payments Through Our Website

11.1. Challenge bookings are governed by our Challenge Terms and Conditions.

11.2. Payments and fundraising obligations are governed by our Payment Policy.

Uploading Material To Our Website

12.1. You may not upload material to our website unless you are a registered user.

12.2. Registered users must, in addition to these terms, comply with our Registered User Terms And Conditions.

12.3. We are not responsible, or liable to any third party, for the content or accuracy of any materials posted on our website.

Viruses, Hacking And Other Offences

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

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

13.3. You must not attack our website via a denial of service attack or a distributed denial of service attack.

If you breach provisions 13.1., 13.2. or 13.3. you will commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities. We will co-operate with those authorities by disclosing your identity to them. If you breach these provisions, your right to use our website will cease immediately.

13.4. We are not liable for any loss or damage caused by a denial of service attack, 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 our website or to your downloading of any material posted on it, or on any website linked to it.

Linking To Our Website

14.1. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

14.2. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

14.3. You must not establish a link from any website that is not owned by you.

14.4. Our website must not be framed on any other website.

14.5. We reserve the right to withdraw linking permission without notice.

14.6. The website from which you are linking must not, in our opinion, be associated with, encourage, endorse or promote anything which is:

1. illegal (such as drugs, knives or offensive weapons);
2. pornographic;
3. salacious or corrupting;
4. abusive, violent, harassing, or bullying.

14.7. The website from which you are linking must not contain any images, video, sound, text and/or content that damages our reputation or the reputation of any charities, non-profit organisations, universities, companies, societies, challenge providers or any other entity with which we are affiliated.

Links From Our Website

15.1. Where our website contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those websites or resources. We are not liable or responsible for them or for any loss or damage that may arise from your use of them.

Trade Marks

16.1. Choose a Challenge is the trading name of Smith Ellison Ltd. All rights are reserved in that name.

Choose a Challenge Logo
TM

Choose a Challenge C Logo
TM

Our Liability

17.1. We make no guarantees, conditions or warranties as to the accuracy of the material posted on our website.

17.2. Some of the content on our website is generated by registered users and we do not check it.

17.3. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:

1. all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and
2. any liability for any direct, indirect or consequential loss or damage incurred by any visitor or registered user in connection with our website or in connection with the use, inability to use, or results of the use of our website, any websites linked to it and any materials posted on it, including, without limitation any liability for:
   1. loss of income or revenue;
   2. loss of business;
   3. loss of profits or contracts;
   4. loss of anticipated savings;
   5. loss of data;
   6. loss of goodwill;
   7. wasted management or office time;
   8. for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.

   17.4. This does not affect our liability for:

   1. death or personal injury arising from our negligence;
   2. fraud or fraudulent misrepresentation or misrepresentation as to a fundamental matter;
   3. any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
   4. losses for which it is prohibited by the Consumer Protection Act 1987 to limit or exclude liability;
   5. any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.

   Written Communications

   18.1. We will contact you by email or provide you with information by posting notices on our website.

   18.2. For contractual purposes, you agree to this electronic means of communication and you agree that all contracts, notices, information and other communications that we provide to you electronically are in writing. This condition does not affect your statutory rights.

   Notices

   19.1. All notices given to us must be given to Smith Ellison Ltd by post at 33 Poplar Close, Brandon Groves, South Ockendon, Essex, RM15 6TU or by email at team@chooseachallenge.com.

   19.2. We may give notice to you at either the email or postal address you provide to us when making a booking, or in any of the ways specified in clauses 18.1. and 18.2.

   19.3. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an email is sent, or 3 days after the date of posting of any letter.

   19.4. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.

   Transfer Of Rights And Obligations

   20.1. The contract between you and us is binding on you and us and on our respective successors and assigns.

   20.2. You may not transfer, assign, charge or otherwise dispose of a contract, or any of your rights or obligations arising under it, without our prior written consent.

   20.3. We may transfer, assign, charge, sub-contract or otherwise dispose of a contract, or any of our rights or obligations arising under it, at any time during the term of the contract.

   Events Outside Our Control

   21.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these terms that are caused by events outside our reasonable control (force majeure event).

   21.2. A force majeure event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes, in particular, without limitation, the following:

   1. strikes, lock-outs or other industrial action;
   2. civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
   3. fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
   4. impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
   5. impossibility of the use of public or private telecommunications networks;
   6. the acts, decrees, legislation, regulations or restrictions of any government.

   21.3. Our obligations under these terms are suspended for the period that the force majeure event continues, and we will extend the time to perform these obligations for the duration of that period.

   21.4. We will take reasonable steps to limit the effects of the force majeure event or to find a solution by which our obligations under these terms can be performed despite the force majeure event.

   Waiver

   22.1. If we fail, at any time during the term of a contract, to insist upon strict performance of any of your obligations under the contract, or if we fail to exercise any of the rights or remedies to which we are entitled under the contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of a particular default shall not constitute a waiver of any other default. No waiver by us of any of these terms shall be effective unless it is expressly stated to be a waiver and is in writing.

   Severability

   23.1.If any terms, conditions or provisions of a contract are invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

   Entire Agreement

   24.1. These terms and any document expressly referred to in them are the entire agreement between you and us in relation to your use of our website and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

   24.2. We each acknowledge that, in entering into a contract, neither you or us have relied on any representation, undertaking or promise given by the other or implied from anything said or written in negotiations between you and us prior to such contract except as expressly stated in these terms.

   24.3. Neither you or us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these terms.

   Variations

   25.1. We have the right to revise and amend these General Terms Of Website Use from time to time without notice.

   25.2. If we change these General Terms Of Website Use then we will post a new version of them on our website.

   25.3. You are expected to check this page from time to time to take notice of any changes we have made, as they are binding on you.

   25.4. Details of the changes made to these General Terms Of Website will be available:

   1. within the Directors' Blog section of our website;
   2. within the Terms section of our website;
   3. if you are a registered user, within the Account section of our website.

   25.5. If you object to any new General Terms Of Website Use then you must stop using our website immediately.

   25.6. Some of the provisions contained in these General Terms Of Website Use may also be superseded by provisions or notices published elsewhere on our website.

   Third Party Rights

   26.1. Charities, non-profit organisations, universities, companies, societies, challenge providers and any other entity with which we are affiliated have rights under the Contracts (Rights of Third Parties) Act 1999 to enforce or benefit from the protections and disclaimers set out in any of the terms of this contract.

   26.2 Other than as stated in clause 26.1, a person who is not a party to this contract has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce or benefit from any term of this contract but this does not affect any right or remedy of a third party which exists, or is available, apart from that Act.

   26.3. The rights of the parties to terminate, rescind or agree any variation, waiver or settlement of these terms is not subject to the consent of any person that is not a party to this contract.

   Law And Jurisdiction

   27.1. English law will apply to:

   1. these terms;
   2. any dispute or claim arising out of or in connection with these terms or their subject matter or formation (including non-contractual disputes or claims).

   27.2. Any dispute or claim arising out of or in connection with our contract (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.

   Your Concerns

   If you have any concerns about material which appears on our website, please contact team@chooseachallenge.com.

   Thank you for visiting our website.