Our Terms and Policies

Version 1.0.1 - Published On 28th March 2010

This page, together with the documents referred to on it, tells you the terms under which we may make use of your information.

1.1. These terms apply to your information.

1.2. By using 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. If you refuse to accept these terms do not use our website.

1.5. Before you use our website you should:

1. make sure that your personal details are complete and accurate;
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 Privacy Policy and our General Terms of Website Use.

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.

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

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

2.8. By "country of data origin" we mean the country from which you provided your information.

2.9. By "data controller" we mean a person or entity who determines the purposes for which and the manner in which any personal data are, or are to be, used.

By "European Economic Area (EEA)" we mean the 27 EU member states, Iceland, Liechtenstein and Norway.

2.11. By "force majeure event" we mean as set out in clause 20.

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).

3.10. We are data controller in respect of your information.

3.11. We may hold your information electronically or in paper form in accordance with the Data Protection Act 1998.

3.12. We are listed in the register of data controllers. This register is administered by the Information Commissioner's Office.

3.13. We have committed to the Personal Information Promise. This promise is administered by the Information Commissioner's Office.

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 using 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 accessing our website from within 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 start to use our website.

Your Information

7.1. Your information includes any information 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. For example:

1. the information which we collect as part of your registration for use of our website including, but not limited to:
   1. title;
   2. first name;
   3. surname;
   4. date of birth;
   5. email address.
2. information provided by you in connection with booking a challenge including, but not limited to:
   1. height;
   2. weight;
   3. emergency contact name;
   4. emergency contact phone number(s);
   5. dietary requirements;
   6. clothing size;
   7. address;
   8. phone number(s);
   9. medical conditions;
   10. university;
   11. graduation year;
   12. any other required details for your challenge.

How We Use Your Information

8.1. We will use your information in order to:

1. provide our services to you;
2. process your payment details (including sharing that information with a third party payments service provider - currently HSBC Secure ePayments);
3. arrange challenges which you may have booked;
4. create anonymised and aggregated statistics of your use of our website including, without limitation, your responses to advertising campaigns;
5. modify or improve our services;
6. communicate with you in connection with your challenge experience for example, to gauge your level of satisfaction with our service or contact you in connection with any issues or faults;
7. market products or services as set out in the Marketing section below.

8.2. We use SMS information sent to us from your mobile telephone number to provide an illustrative location while you are on a travel based challenge including, but not limited to, Jailbreak, Lost and Runaway. This location will then be published on our website so that visitors to our website may see where you have said you are.

Who We Share Your Information With

9.1. We will not share your information outside of Smith Ellison Ltd except:

1. we share your name and challenge details with the charities which you are fundraising for during your challenge(s) for the purposes of verifying your participation in the challenge with the charity. In this case, the charity becomes a data controller in respect of your information that has been shared with them;
2. unless you have opted out, we also share your email address with the charities which you are fundraising for during your challenge(s). In this case, the charity becomes a data controller in respect of your information that has been shared with them;
3. with challenge providers for the purposes of booking your challenge and assessing your suitability to participate in the challenge. In this case, the challenge provider becomes a data controller in respect of your information that has been shared with them;
4. with event organisers for the purposes of organising your challenge and assessing your suitability to participate in the challenge.
5. SMS information sent to us from your mobile telephone number will be published on our website to provide an illustrative location of where you have said you are while you are on a travel based challenge;
6. unless you have opted out, your name and challenge details will be posted on our website as part of our newsfeed;
7. your identity and contact details to any third party who is claiming that any material posted or uploaded by you to our website constitutes a violation of their intellectual property rights or of their right to privacy;
8. with enforcement agencies (including without limitation the Police) for the purposes of the prevention or detection of crime;
9. to the emergency services if this appears to be necessary to protect your vital interests. For example, if it appears that you may have been harmed or you cannot be located;
10. to third parties not listed above where you have given your explicit consent for us to do so for example where you have opted in;
11. in circumstances where we are required or permitted to do so by law.

Who We Transfer Your Information To

10.1. We will not transfer your information to a new data controller except:

1. where we wish to sell, transfer or otherwise assign the whole or any part of our business;
2. where we wish to subcontract, sell or transfer our service provision to a third party;
3. where as part of your registration process you have indicated that we may do so for marketing purposes and you have not withdrawn that consent;
4. in relation to your charity where you have opted in to our doing so;
5. in circumstances where we are required or permitted to do so by law.

Where We Share Your Information With

11.1. Our registered office is in the United Kingdom, as specified in clause 3.5, and we will use your information from within the United Kingdom even if this is not the country of data origin in respect of your information.

We share your information with others in accordance with clauses 9.1.a. to 9.1.h. (inclusive). The data controllers listed in clauses 9.1.a. to 9.1.h. (inclusive) may not be based in, or using your information from within, the:

1. United Kingdom;
2. European Economic Area (EEA);
3. country of data origin.

Marketing

Under Section 11 of the Data Protection 1998 you have the right to stop us using your information for marketing purposes. If you want us to stop using your information for those purposes please contact us at team@chooseachallenge.com.

12.1. If you have opted in, we may use your information to keep you informed of our products, services, promotions and events. We may contact you by email to do this. If you want us to stop using your information for this purpose please contact us at team@chooseachallenge.com.

12.2. If you have opted in, we may use your information to inform you of third party products, services, promotions and events which may be of interest to you. For a list of third parties with whom we operate or if you want us to stop using your information for this purpose please contact us at team@chooseachallenge.com.

12.3. We may keep anonymised and aggregated statistics of your response to any advertising provided to you - such as your clicking on a particular advertisement. We may share that information with third parties or transfer it to third parties.

Use Of Cookies

A computer cookie is a small piece of information that is stored by your browser on your computer.

13.1. We use the following cookies:

1. session cookies to authenticate account logins, to help you navigate our website and to help us discover which pages of our website you like or dislike and to tailor our website accordingly. Session cookies are destroyed when you close your browser;
2. if you have opted in, we use persistent cookies. Persistent cookies allow you to store your account login details on your computer to save login time.

Most web browsers will usually allow you to change the setting of your browser not to accept cookies and although this may affect the quality of your visit to our website you can still use most of the features on our website.

To find out more about cookies (including how to switch them off) please visit http://www.allaboutcookies.org.

Secure Server

14.1. Whenever you enter information on, or submit information to, our website such as your email address, password, payment information or personal details this will be processed through a secure server. This server uses high grade encryption (AES-256 bit) in order to prevent unauthorised access to your details.

General

15.1. We will deal with your information in accordance with the Data Protection Act 1998.

15.2. You may access your information (in return for a small fee) and request details of the entities with whom we have shared your information by contacting us at team@chooseachallenge.com. In most cases we will comply promptly with your request and let you know when we have done so. However, sometimes you will not be entitled to access your information. For example, where the public interest or your own interests override your rights under the Data Protection Act 1998. We may withhold information where we are legally allowed to do so.

15.3. You may correct factual errors in your information or request that we remove information about you from our records by sending us a request detailing the error or your instructions to team@chooseachallenge.com.

15.4. To protect your privacy and the security of your information, we may take reasonable steps to verify your identity before we act on any request which you may make in respect of your information.

Our Liability

16.1. 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.

16.2. 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.

16.3. Subject to clauses 16.2.a. to 16.2.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 16.3 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 16.1 or any other claims for direct financial loss that are not excluded as above.

Written Communications

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

17.2. 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

18.1. 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.

18.2. 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 17.1. and 17.2.

18.3. 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.

18.4. 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

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

19.2. 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.

19.3. 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

20.1. 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).

20.2. 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.

20.3. 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.

20.4. 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

21.1. 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

22.1. 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

23.1. 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.

23.2. 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.

23.3. 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

24.1. We have the right to revise and amend this Privacy Policy from time to time without notice.

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

24.3. 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.

24.4. Details of the changes made to this Privacy 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.

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

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

Third Party Rights

25.1. 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.

14.2 Other than as stated in clause 25.1, 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.

25.3. 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

26.1. 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).

26.2. 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.