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Document Payment Policy

Version 1.0.2 - Last Updated 28th March 2010

This page, together with the documents referred to on it, tells you the terms under which we accept payments.

1.1. These terms apply to payments made on our website. Separate terms apply to payments made off of our website. These separate terms are by prior arrangement only and are governed by the specific agreements in place.

1.2. By making a payment on our website you agree to be bound by these terms.

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

1.4. Please click on the button marked "I Accept" at the end of these terms if you accept and agree to them. If you refuse to accept these terms you will not be able to make a payment on our website.

1.5. Before you make a payment you should:

  1. make sure that your payment details are complete and accurate; and
  2. read and understand these terms.

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 the 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 this Payment Policy, our Privacy Policy, our General Terms of Website Use, our Registered User Terms and Conditions, our Challenge Terms and Conditions and any Rules, Guidelines or other supplementary documentation provided to you at the time of your challenge booking.

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 "our serviced countries" we mean the United Kingdom, Jersey and the United States of America.

2.6. By "product" we mean any item that can be purchased on our website. This includes goods and services. Our products are organised into 4 categories:

  1. registration fee;
  2. deposit;
  3. balance;
  4. ancillary.

2.7. By "registration fee" we mean a product you must purchase in order to sign up to a challenge. Registration fees are not charged on all challenges.

2.8. By "deposit" we mean a product you must purchase in order to confirm your place on a challenge. Deposits are not charged on all challenges.

2.9. By "balance" we mean a product with a value equal to the remaining cost of your challenge (balance = total cost - deposit - registration fee). A balance is only charged on challenges where a deposit is also charged. Balances are not charged on all challenges.

2.10. By "ancillary" we mean a product which is optional and not directly related to your participation in a challenge. Examples include DVDs, tshirts, hoodys and other merchandise. Ancillary products are not offered on all challenges.

2.11. By "self funded" we mean as set out in the Self Funded section below.

2.12. By "sponsorship funded" we mean as set out in the Sponsorship Funded section below.

2.13. By "sponsorship target" we mean a target amount of sponsorship which you should aim to raise when you book a self funded challenge.

2.14. By "sponsorship requirement" we mean a minimum amount of sponsorship which you are required to raise by the sponsorship deadline in order to qualify for a sponsorship funded challenge. Please read the Sponsorship Funded section below for more details.

2.15. By "sponsorship deadline" we mean 14 days before the date of your challenge.

2.16. By "individual challenge" we mean a challenge which is not hosted as an event. These are listed in the Individual Challenge section of our website.

2.17. By "group challenge" we mean a challenge which is hosted as an event. These are listed in the Group Challenge section of our website.

2.18. By "force majeure event" we mean as set out in clause 15.

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, United Kingdom.

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 one of our serviced countries.

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 making payments on our website, you warrant that:

  1. you are legally capable of entering into binding contracts;
  2. you are resident in one of our serviced countries;
  3. you are using our website in one of our serviced countries.

How The Contract Is Formed Between You And Us

6.1. The contract is formed between you and us immediately once you make a payment on our website.

Payment Methods

7.1. There are two payment methods offered by us:

  1. self funded;
  2. sponsorship funded.

7.2. Some products are restricted to one payment method.

7.3. If both payments methods are available, you are asked to choose between them when you book. If only one payment method is available this will be obvious when you book.

7.4. We are under no obligation to offer both payment methods for any product.

Self Funded

8.1. If you choose self funded then you pay for the challenge.

8.2. If you book a self funded challenge then you pay any registration fee, deposit and balance applicable to your booking.

8.3. If you book a self funded challenge you may be given a sponsorship target which you should try to meet by the date of the challenge.

8.4. You can still take part in the challenge if you do not meet your sponsorship target.

8.5. Registration fees and ancillary products can only be purchased using the self funded payment method.

Sponsorship Funded

9.1. If you book a sponsorship funded challenge then you are required to achieve at least the sponsorship requirement in the specified forms (online and cash) by the sponsorship deadline.

9.2. Unless otherwise clearly stated, if you achieve the sponsorship requirement in the specified forms (online and cash) by the sponsorship deadline then you are permitted to use your cash sponsorship to pay the administration fee and balance appropriate to your booking.

9.3 In some circumstances, where clearly stated, and in any case only where charities registered with us are chosen by you as your charity, if you achieve the sponsorship requirement by the sponsorship deadline then the charity will pay the administration fee and balance applicable to your booking.

9.4. Unless otherwise clearly stated, if you have paid a deposit and you have achieved the sponsorship requirement in the specified forms (online and cash) by the sponsorship deadline and you have taken part in the challenge then you can request for your deposit to be refunded out of your cash sponsorship.

9.5. In some circumstances, where clearly stated, and where clause 9.3 is binding, if you achieve the sponsorship requirement by the sponsorship deadline and you have taken part in the challenge then you may contact the charity and they should refund your deposit.

9.6. If you do not achieve the sponsorship requirement by the sponsorship deadline:

  1. you will not be able to take part in the booked challenge;
  2. you will lose all monies paid;
  3. if possible, you will be given the opportunity to rebook the challenge for a later date;
  4. if you are able to rebook the challenge then you must do so within 14 days of the date of your original challenge.

9.7. If you rebook the challenge in accordance with 9.4:

  1. you may be required to pay a new registration fee;
  2. you will be required to pay a new deposit;
  3. you will be given a new sponsorship deadline;
  4. you may be required to pay our reasonable costs in connection with rebooking the challenge. These costs will not exceed fifty pounds.

9.8. If you do not rebook the challenge in accordance with 9.4. and 9.5. then:

  1. your challenge will be cancelled;
  2. you will lose all monies which have already been paid in relation to the challenge.

Other Things You Need To Know

10.1. Your payment information is processed in accordance with our Privacy Policy.

10.2. We do not store any of your card details.

10.3. Our payment portal is hosted on a secure server.

10.4. Our PSP (Payments Service Provider) is HSBC Secure ePayments.

10.5. Our payment portal is SSL (Secure Sockets Layer) certificated via GoDaddy.com. Here is our Site Certificate.

10.6. Our payment portal is PCI DSS (Payment Card Industry Data Security Standard) compliant via SecurityMetrics. Here is our Site Certificate.

10.7. Our payment portal uses high grade encryption (AES-256 bit).

10.8. All of our transactions carry ECI (Electronic Commerce Indicator) flags.

10.9. Payments must be made by Visa, Visa Debit, Visa Electron, MasterCard, UK Maestro or Solo card.

10.10. We do not currently accept Non-UK Maestro, American Express, JCB, Diners Club Cards, PayPal or any other card types other than those specified in clause 8.10.

10.11. We use Verified by Visa and MasterCard SecureCode.

10.12. We do not currently issue or accept gift vouchers or gift cards.

10.13. Our VAT number is 983 8602 77. VAT is included in the price of the product where applicable. For a VAT invoice please send an email to team@chooseachallenge.com.

10.14. Postage and packaging is included in the price of the product where applicable unless otherwise stated.

Our Liability

11.1. If we fail to comply with these terms we shall not be responsible for any losses that you suffer as a result, except for those losses which we could reasonably foresee would result from the failure to comply with these terms.

11.2. We do not exclude or limit in any way our liability for:

  1. death or personal injury caused by our negligence;
  2. fraud or fraudulent misrepresentation;
  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;
  5. for any matter for which it would be illegal for us to exclude or limit, or attempt to exclude or limit, our liability.

11.3. Subject to clauses 11.2.a. to 11.2.e. (inclusive), we are not responsible for indirect losses which happen as a side effect of your main loss or damage, even if such losses result from a deliberate breach of this contract by us that would entitle you to terminate this contract. Such indirect losses include but are not limited to:

  1. wasted costs and expenses;
  2. loss of data;
  3. loss caused by waste of time however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable provided that this clause 11.3 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 11.1 or any other claims for direct financial loss that are not excluded as above.

Written Communications

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

12.2. 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

13.1. 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, United Kingdom or by email at team@chooseachallenge.com.

13.2. If you are a registered user then we may give notice to you at either the email or postal address you provided to us when registering, or in any of the ways specified in clauses 12.1. and 12.2.

13.3. 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.

13.4. 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

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

14.2. 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.

14.3. 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

15.1. 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).

15.2. 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.

15.3. 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.

15.4. 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

16.1. 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

17.1. 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

18.1. These terms and any document expressly referred to in them are the entire agreement between you and us in relation to payments made on our website and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

18.2. 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.

18.3. 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

19.1. We have the right to revise and amend this Payment Policy from time to time without notice.

19.2. If we change this Payment Policy then we will post a new version of it on our website.

19.3. 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.

19.4. Details of the changes made to this Payment Policy 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.

19.5. If you object to any new Payment Policy then you must file an objection immediately. You may file an objection by contacting us at team@chooseachallenge.com.

19.6. Some of the provisions contained in this Payment Policy may also be superseded by provisions or notices published elsewhere on our website.

Third Party Rights

20.1. 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.

20.2 Other than as stated in clause 20.1, 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.

20.3. 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

21.1. 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).

21.2. 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.