Humanity Direct Terms and Conditions

TERMS AND CONDITIONS

1. INTRODUCTION

1.1. This document (together with any documents referred to in it) tells you the terms and conditions upon which we collect donation(s) and supply the donation to the hospital (the 'hospital ') listed on this website (the 'Website') so the recipient (the “recipient”) can get the treatment they need.

1.2. Before confirming your donation please:

1.2.1. Read through these terms and conditions (the 'Conditions') and in particular our limitation of our liability and your indemnity at clause 14

1.2.2. Print a copy for future reference.

1.2.3. Read our privacy policy regarding your personal information.

1.3. By choosing any of the recipients and donating to the hospitals listed on this Website, you agree to be legally bound by these Conditions. You will be unable to proceed with donation if you do not accept these terms and conditions as may be modified or amended and posted on this Website from time to time.

1.4. We reserve the right to revise and amend the Website, our disclaimers and the Conditions at any time without notice to you. Your continued use of the Website (or any part thereof) following a change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether we have changed these Conditions.

2. ABOUT US

2.1. This Website is owned and operated by Humanity Direct Limited ('we'/'us'/'our'), a charity registered in England and Wales under charity number: 1152275 having our registered office at Blezard Business Park, 7 Brenkley Way, Seaton Burn, Newcastle upon Tyne NE13 6DS,.

3. COMMUNICATIONS

3.1. You agree that email and other electronic communications can be used as a long-distance means of communication and acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.

3.2. We will contact you by email or provide you with information by posting notices on our Website.

4. OVERSEAS DONATIONS

4.1. Our Website is only intended for use by customers resident in England, Wales, Scotland and Northern Ireland (the United Kingdom).

4.2. We may accept your donation if you are resident in the European Economic Area (EEA), subject to reserving a right to amend the specifications or standards of the services offered on the Website and/or these Conditions or to refuse to accept an donation for our services from you, if it will put an excessive strain on our business or if we have an objective reason for doing so. If we accept your donation, you will be liable to pay for all and any additional costs that we incur in donation to facilitate your donation. You will have an opportunity to cancel your donation in case the additional costs are not acceptable.

5. REGISTRATION

5.1. When registering on the Website you must choose a username and password. You are responsible for all actions taken under your chosen username and password.

5.2. By registering on the Website you undertake:

5.2.1. That all the details you provide to us for the purpose of registering on the Website and donating to the hospitals are true, accurate, current and complete in all respects

5.2.2. To notify us immediately of any changes to the information provided on registration or to your personal information

5.2.3. That you are over 18 or if under 18 you have a parent or guardian's permission to register with this Website in conjunction with and under their supervision

5.2.4. To only use the Website using your own username and password

5.2.5. To make every effort to keep your password safe

5.2.6. Not to disclose your password to anyone

5.2.7. To change your password immediately upon discovering that it has been compromised

5.2.8. To neither transfer or sell your username or password to anyone, nor permit, either directly or indirectly, anyone other than you to use them

5.3. You authorise us to transmit your name, address and other personal information supplied by you (including updated information) to obtain information from third parties about you.

5.4. We reserve the right to terminate an agreement formed with you pursuant to clause 9 below and to suspend or terminate your access to the Website immediately and without notice to you if:

5.4.1. You fail to make any payment to us when due

5.4.2. You breach these Conditions (repeatedly or otherwise)

5.4.3. You are impersonating any other person or entity

5.4.4. When requested by us to do so, you fail to provide us within a reasonable time with sufficient information to enable us to determine the accuracy and validity of any information supplied by you, or your identity

5.4.5. We suspect you have engaged, or are about to engage, or have in anyway been involved, in fraudulent or illegal activity on the Website

6. ELIGIBILITY TO USE THE WEBSITE

6.1. To be eligible to use this Website and lawfully enter into and form contracts with us, you must:

6.1.1. Be 18 years of age or over

6.1.2. Be legally capable of entering into a binding contract

6.1.3. Provide full details of an address in the United Kingdom or the European Economic Area (if you reside in the EEA) for the performance or delivery of the Services

6.2. If you are under 18, you may only use the Website in conjunction with, and under the supervision of, a parent or guardian. If you do not qualify, you must not use our Website.

7. PRICE

7.1. The minimum donation amount are quoted on the Website on each individual recipients page

7.2. Total amount of money needed are for the care / operations needed in the respected countries listed on the recipient’s page unless otherwise specified.

7.3. Unless otherwise stated, the prices quoted exclude VAT (we are not VAT registered).

7.4. We reserve the right, by giving notice to you at any time before delivery or performance of our obligations to you, to increase the minimum donation amount needed or the total amount of money needed to reflect any increase in the cost to us due to any factor beyond our control (such as without limitation, any foreign exchange fluctuation, significant increase in the costs of labour, and hospital costs).

8. PAYMENT & REFUNDS

8.1. Payment can be made by any major credit or debit card or through an electronic payment account as explained on the donation form.

8.2. By giving a donation, you consent to payment being charged to your debit/credit card account or electronic payment account as provided on the donation form.

8.3. When you pay for your donation by card, we carry out certain checks which include obtaining authorisation from your card issuer to ensure you have adequate funds and for security reasons. This may involve validating your name, address and other personal information supplied by you during the donation process against appropriate third party databases including the card issuer, registered credit reference agencies and fraud prevention agencies.

8.4. By accepting these Conditions you:

8.4.1. Undertake that all the details you provide to us are correct and that the payment card you are using is your own and that there are sufficient funds to cover the cost of the donation

8.4.2. Authorise us to transmit the payment and delivery information provided by you during the donation process (included any updated information) for the purpose of obtaining authorisation from your card issuer to ensure you have adequate funds, to authenticate your identity, to validate your payment card and for other security reasons, such as fraud prevention

8.5. We shall contact you should any problems occur with the authorisation of your card.

8.6. We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your donation and payment secure, but in the absence of negligence on our part, we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing our Website.

8.7 Please contact us within 24 hours if you would like a donation refunded, and we will process your refund within 5 working days.

9. DONATION PROCESS AND FORMATION OF A CONTRACT

9.1. All donations are subject to acceptance and availability. If any of the recipients have received the full amount required for their care or operation, you will be notified by email and you will have the option either to choose another recipient that your donation can go to, or to cancel your donation. It is your responsibility to provide us with a valid email address so that we can contact you if necessary.

9.2. Any donation placed by you constitutes an offer to donate monies to a hospital for the care or operation of a recipient. All such offers received from you are subject to acceptance by us and we reserve the right to refuse any donation placed by you at any time prior to acceptance, without providing an explanation.

9.3. You shall be responsible for ensuring the accuracy of the details provided by you during the donation process and we will not accept a donation unless all details requested from you have been entered correctly.

9.4. You must check that the details contained in the Confirmation Notice are correct and you should print out and keep a copy of it.

9.5. You will be subject to the version of our policies and Conditions in force at the time that you donation the Services from us, unless:

9.5.1. Any change to those policies or these Conditions is required to be made by law or governmental authority

9.5.2. We notify you of any change to our policies or these Conditions before we send you the Confirmation Notice, in which case, we are entitled to assume that you have accepted it, unless we receive written notification from you to the contrary within seven working days of receipt of the Confirmation Notice

10. DELIVERY OF THE DONATION

10.1. The donated money will be sent to directly to the hospital so that your chosen recipient can received their treatment.

10.2. Upon us receiving 100% of the monies needed for the treatment to take place, we will then send the money direct to the hospital

10.3. We shall not be liable for any delay in completing performance of the Service, however caused.

11. COMPLAINTS

11.1. If you have a comment, concern or complaint about any Services you have purchased from us, please contact us via email at marc.shalam@humanitydirect.com or by post at 7 Brenkley Way, Blezard Business Park, Newcastle upon Tyne, NE13 6DS.

12. INTELLECTUAL PROPERTY

12.1. The content of the Website is protected by copyright (including design copyrights), trade marks, patent, database and other intellectual property rights and similar proprietary rights which include, (without limitation), all rights in materials, works, techniques, computer programs, source codes, data, technical information, trading business brand names, goodwill, service marks utility models, semi-conductor topography rights, the style or presentation of the goods or services, creations, inventions or improvements upon or additions to an invention, confidential information, know-how and any research effort relating to Humanity Direct Limited moral rights and any similar rights in any country (whether registered or unregistered and including applications for and the right to apply for them in any part of the world) and you acknowledge that the intellectual property rights in the material and content supplied as part of the Website shall remain with us or our licensors.

12.2. You may download or copy the content and other downloadable items displayed on the Website subject to the condition that the material may only be used for personal non-commercial purposes. Copying or storing the contents of the Website for other than personal use is expressly prohibited.

12.3. You may retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website.

12.4. You acknowledge that any other use of the material and content of this Website is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works from such material and content.

12.5. No licence is granted to you in these Conditions to use any of our trade marks or those of our affiliated companies.

12.6. Services sold by us and Website content may be subject to copyright, trade mark or other intellectual property rights in favour of third parties. We acknowledge those rights.

13. WEBSITE USE

13.1. You are permitted to use the Website and the material contained in it only as expressly authorised by us under our terms of use.

14. LIABILITY AND INDEMNITY

14.1. Notwithstanding any other provision in the Conditions, nothing will affect or limit your statutory rights; or will exclude or limit our liability for:

14.1.1. Death or personal injury resulting from our negligence

14.1.2. Fraud or fraudulent misrepresentation

14.1.3. Action pursuant to section 2(3) of the Consumer Protection Act 1987

14.1.4. Any matter for which it would be unlawful for us to exclude or attempt to exclude our liability

14.2. The Website is provided on an 'as is' and 'as available' basis without any representation or endorsement made and we make no warranties or guarantees, whether express or implied, statutory or otherwise (unless otherwise expressly stated in these Conditions or required by law) in relation to the information, materials, content or services found or offered on the Website for any particular purpose or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, timeliness, performance, security, accuracy, condition or completeness, or any implied warranty arising from course of dealing or usage or trade custom.

14.3. We will not be liable if the Website is unavailable at any time.

14.4. We make no representation or warranty of any kind express or implied statutory or otherwise regarding the availability of the Website or that it will be timely or error-free, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or bugs.

14.5. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website and we accept no liability of any kind for any loss or damage resulting from action taken in reliance on material or information contained on the Website.

14.6. We cannot guarantee and cannot be responsible for the security or privacy of the Website and any information provided by you. You must bear the risk associated with the use of the internet. In particular, we will not be liable for any damage or loss caused by a distributed denial-of-service attack, any viruses trojans, worms, logic bombs, keystroke loggers, spyware, adware or other material which is malicious or technologically harmful that may infect your computer, peripheral computer equipment, computer programs, data or other proprietary material as a result of your use of the Website or you downloading any material posted or sold on the Website or from any website linked to it.

14.7. We will use all reasonable endeavours to carry out our obligations within a reasonable period of time but will not be liable to you for any loss, costs or expenses arising directly or indirectly from any delays in doing so.

14.8. We will not be liable, in contract or tort (including, without limitation, negligence), or in respect of pre-contract or other representations (other than fraudulent misrepresentations) or otherwise for:

14.8.1. any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings and any other consequential loss); or

14.8.2. any loss of goodwill or reputation; or

14.8.3. any special or indirect losses; or

14.8.4. any loss of data; or

14.8.5. wasted management or office time; or

14.8.6. any other loss or damage of any kind suffered or incurred arising out of or in connection with the provision of any matter under these Conditions and/or the Contract and/or the use of this Website or any aspect related to your purchase of the Services even if such losses are foreseeable or result from a deliberate breach of these Conditions by us that would entitle you to terminate the Contract between us or as a result of any action we have taken in response to your breach of these Conditions. Without prejudice to the terms of this clause and in the event that we are unable to rely upon it, our liability for all and any losses you suffer as a result of us breaking the Contract, whether or not deliberate, including those listed in clauses 15.8.1 to 15.8.6, is strictly limited to the purchase price of the Services you purchased.

14.9. You agree to fully indemnify, defend and hold us, and our officers, directors, employees and suppliers, harmless immediately on demand, from and against all claims, including but not limited to losses (including loss of profit, revenue, goodwill or reputation), costs and expenses, including reasonable administrative and legal costs, arising out of any breach of these Conditions by you, or any other liabilities arising out of your use of this Website or any other person accessing the Website using your personal information with your authority.

14.10. This clause does not affect your statutory rights as a consumer, nor does it affect your contractual cancellation rights.

15. REVIEWS

15.1. You acknowledge that any review, feedback or rating which you leave may be published by us on the Website and you agree that it may be displayed for as long as we consider appropriate and that the content may be syndicated to our other websites, publications or marketing materials.

15.2. You undertake that any review, feedback or rating that you write shall:

15.2.1. Comply with applicable law in the UK and the law in any country from which they are posted

15.2.2. Be factually accurate

15.2.3. Contain genuinely held opinions (where applicable)

15.2.4. Not contain any material which is either defamatory, threatening, obscene, abusive, offensive, hateful, inflammatory or is likely to harass, upset, annoy, alarm, embarrass or invade the privacy of, any person or be deceiving

15.2.5. Not promote or advocate an unlawful act or activity, discrimination, sexually explicit material or violence

15.2.6. Not infringe any trademark, copyright (including design rights), database right, or other intellectual property rights of any other person or breach of any legal duty you owe to a third party

15.2.7. Not be used to impersonate any person, or to misrepresent your identity

15.3. You agree to indemnify and hold us harmless against any claim or action brought by third parties, arising out of or in connection with any review, feedback or rating posted by you on the Website, including, without limitation, the violation of their privacy, defamatory statements or infringement of intellectual property rights.

15.4. You grant us and our affiliate companies a non-exclusive, royalty-free worldwide license to use or edit any reviews posted by you.

15.5. We reserve the right to publish, edit or remove any reviews without notifying you.

16. FORCE MAJEURE

16.1. We shall have no liability for delays or failures in delivery or performance of our obligations to you resulting from any act, events, omissions, failures or accidents that are outside of our control ('Force Majeure'), which, without limitation, include:

16.1.1. Strikes, lock-outs or other industrial action

16.1.2. Shortages of labour, fuel, power, raw materials

16.1.3. Late, defective performance or non-performance by suppliers

16.1.4. Private or public telecommunication, computer network failures or breakdown of equipment

16.1.5. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.

16.1.6. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster or extreme weather conditions.

16.1.7. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

16.1.8. Acts, decrees, legislation, regulations or restrictions of any government

16.1.9. Other causes, beyond our reasonable control

16.2. Our performance will be deemed to be suspended for the period that the event of Force Majeure continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to minimise any delay caused by Force Majeure or to find a solution by which our obligations may be performed despite the Force Majeure event. We shall promptly notify you of any Force Majeure event giving details of it and (where possible) the extent and likely duration of any delay.

16.3. Where the period of non-performance or delay in relation to any event of Force Majeure exceeds 30 days from the date of notice to you of the event of Force Majeure, either you or us may, by written notice to the other, terminate the Contract with immediate effect upon service.

17. PRIVACY POLICY

17.1. In donation to monitor and improve customer service, we sometimes record telephone calls.

17.2. We shall be entitled to process your data in accordance with the terms of our Privacy Policy. Please view this document for further information. All information provided by you will be treated securely and in accordance with the Data Protection Act 1998 (as amended).

17.3. You can find full details of our Privacy Policy on the Website.

18. THIRD PARTY RIGHTS

18.1. Except for our affiliates, directors, employees or representatives, a person who is not a party to the Contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract but this does not affect any right or remedy of a third party that exists or is available apart from that Act.

19. EXTERNAL LINKS

19.1. To provide increased value and convenience to our users, we may provide links to other websites or resources for you to access at your sole discretion and risk. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable in any way, whether directly or indirectly, for:

19.1.1. The privacy practices of such websites

19.1.2. The content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources

19.1.3. The use which others make of these websites; or

19.1.4. Any damage, loss or offence caused or alleged to be caused to you, arising from or in connection with the use of or reliance upon any such advertising, content, products, goods, materials or services available on and/or purchased by you from such external websites or resources

20. LINKING TO THE WEBSITE

20.1. You must not create a link to the Website from another website, document or any other source without first obtaining our prior written consent.

20.2. Any agreed link must be:

20.2.1. To the Website's homepage

20.2.2. Established from a website or document that is owned by you and does not contain content that is offensive, controversial, infringes any intellectual property rights or other rights of any other person or does not comply in any way with the law in the UK and the law in any country from which they are hosted

20.2.3. Provided in such a way that is fair and legal and does not damage our reputation or take advantage of it

20.2.4. Established in such a way that does not suggest any form of association, approval or endorsement on our part where none exists

20.3. We have no obligation to inform you if the address of the Website home page changes and it is your responsibility to ensure that any link you provide to our homepage is at all times accurate.

20.4. We reserve the right to withdraw our consent without notice and without providing any reasons for withdrawal. Upon receiving such notice you must immediately remove the link and inform us once this has been done.

21. NOTICES

21.1. All notices given by you to us must be given to us at The Galleries, Charters Road, Sunningdale, Ascot, Berkshire, SL5 9QJ or by using marc.shalam@humanitydirect.com. We may give notice as described in clause 3

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

22. ENTIRE AGREEMENT

22.1. The Contract represents the entire agreement between us in relation to the subject matter of the Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

22.2. We each acknowledge that, in entering into a Contract, neither of us has relied on any express or implied representation, undertaking or promise given by the other from anything said or written in any negotiations between us prior to such Contract except as has been expressly incorporated in such Contract.

22.3. Neither of 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 Conditions.

23. GENERAL

23.1. We reserve the right to change the domain address of this Website and any services, products, product prices, product specifications and availability at any time.

23.2. All prices and descriptions supersede all previous publications. All product descriptions are approximate.

23.3. Every effort is made to keep information regarding stock availability on the Website up to date. However, we do not guarantee that this is the case, or that stock will always be available.

23.4. If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of the Contract and the remainder of the provision in question will not be affected.

23.5. All Contracts are concluded and available in English only.

23.6. If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under it or any of these terms and conditions, 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 your obligations.

23.7. A waiver by us of any default shall not constitute a waiver of any subsequent default.

23.8. No waiver by us of any of these Conditions or of any other term of a Contract shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 3

23.9. Any Contract between you and us is binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of the Contract, or any of your rights or obligations arising under it, without our prior written consent. 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.

24. GOVERNING LAW AND JURISDICTION

24.1. The Website is controlled and operated in the United Kingdom.

24.2. Every purchase you make shall be deemed performed in England and Wales.