Terms and Conditions Welcome to the terms and conditions of the Lions Clubs International District 105SE Foundation website. You are advised to read the terms and conditions carefully. LIONS GIVING TERMS OF SERVICE Our terms of service describe what we do for you and the Lions clubs you support, and what we require of you as a user. "Lions Club” and “Lions Clubs” refers to us and Lions clubs which have subscribed to our service and which you support through use of our service. “us” or “we” or “our” or “ourself” refer to the owner of the Website, Lions Clubs International District 105SE Foundation (registered charity number 1158845). “Website” refers to www.lionsgiving.co.uk. “You” and “your” refers to each user or viewer of the Website, including donors, Lions charities, and fundraisers. Terms of Service These terms of service (the "T&Cs”) govern your use of the Website and its associated services. Please read these T&Cs carefully. Your use of the Website and/or its associated services constitutes your agreement to these T&Cs. We may update these T&Cs from time to time. It is your responsibility to review these T&Cs wherever you access the Website. The latest version of these T&Cs will govern any future usage by you of the Website and its associated services. About the Charities featured on the Website The Website and its associated services allow you to donate to and raise funds for the appeals of Lions Clubs listed on the Website (which will include any of our own appeals, as well as those of other Lions Clubs). Every Lions Club with an appeal on the Website has an agreement with us authorising us to collect donations on its behalf. The appeals of Lions Clubs are listed on the Website at our discretion; however, we are not responsible for the activities of any Lions Club (other than those of ourself). Please note that only Lions clubs located within South-East England are eligible to receive donations through the Website and its associated services. Use of your donation Other than in respect of our own appeals, we do not represent or warrant that your donations will be used for any particular purpose and shall not be responsible for any dissatisfaction you may have regarding a Lions Club’s use of any donation you may make through the Website or its associated services or for any misuse or non-use of such donations by a Lions Club. After donations are made, all further dealings are solely between you and the Lions Club to whose appeal you donated. Information We are not an accounting, taxation or financial advisor and you should not rely on information given on the Website or its associated services to determine any consequences of making a donation to an appeal of a Lions Club. Our fees We charge the following fees in connection with the provision of the Website and our associated services. Whilst it is intended that these fees will only help us to meet the costs of providing the Website and its associated services, in the event that we make a surplus in providing the Website and its associated services that surplus will be applied towards furthering our charitable purposes. Description Fee Subscription fee (payable by the Lions Clubs) £50 per annum Payment processing fee (deducted before we send the funds to the relevant Lions Club) The cost to access the necessary payment card infrastructure via a payment gateway or other electronic service to process payments on behalf of the relevant Lions Club Donation processing fee (deducted before we send the funds to the relevant Lions Club) 2% + 15p per transaction on the amount of the donation Gift Aid reclaim and processing fee (deducted before we send the funds to the relevant Lions Club) 5% + 5p per transaction on the amount of the Gift Aid reclaimed Donations You can make two types of payments to Lions Clubs: Single donation – you can make a single donation through the Website as a one-off donation that we'll ask your card provider to send to us straightaway. Regular donation – a regular donation to the appeal of a Lions Charity made through the Website using a "continuous payment authority" with your card details. This means that we'll ask your card provider to send the donation amount to us each month, quarter or year (as agreed when setting up your regular donation). We can only accept payments in pound sterling. In order to make a donation through the Website, you'll need to select the correct appeal or fundraising page and: provide your name and address and the details of the credit or debit card that you wish to use to make the donation; double check that the details of the donation are correct (including the name of the appeal and the Lions Club); where available, confirm whether you want to pay the processing fees so the Lions Club doesn’t have to; and occasionally, you may be asked to provide additional information too. Subject to the requirements of applicable law, once your donation is made it will only be refunded to you with the prior written consent of the Lions Club to whom it has been directed. In the event all funds have been paid out and there are no funds available for refund, we reserve the right to invoice or direct debit the Lions Club for the amount of the refund. Unauthorised donations When you make a donation, the transaction is final and not disputable unless unauthorised use of your payment card or other payment method is proved. If you become aware of fraudulent use of your card, or if it is lost or stolen, you must notify your card provider in accordance with its reporting rules. Similarly, if you experience any issues of this nature when using another payment method, you should contact the provider of that payment method for assistance. We will never email or phone you and ask you to provide your payment details. Gift Aid and tax When you (i) donate to the appeal of a Lions Club on the Website or its associated services, (ii) 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 (iii) elect to have us reclaim Gift Aid on your donation, we will reclaim such Gift Aid. To enable us to do this, we will share your personal taxpayer information and details about your donation with HMRC in accordance with the terms of our privacy notice If you do not wish for us to share your data with HMRC, do not elect to claim Gift Aid on your donation. You're responsible for confirming that your donation meets the criteria necessary to submit a Gift Aid claim. We can't give financial or tax advice so, if you're not sure whether to agree, you should seek advice from HMRC or your own adviser(s). Protecting your account When you register with us and choose a password to protect your secure account, you are responsible for maintaining the confidentiality of your password to prevent others gaining access to your personal information. This includes any taxpayer details you may have saved under your profile in order to claim tax or tax deductions in accordance with applicable law and regulation. Claiming tax or tax deductions using someone else’s taxpayer information is against the law. If you become aware of any unauthorised use of your account, we recommend that you change your password immediately and contact us (see below). Privacy Our privacy notice forms part of these T&Cs. It sets out the way we handle your personal information. User conduct You must at all times use the Website and its associated services in a responsible and legal manner and ensure that the content you provide does not breach any intellectual property rights of a third party or breach any right or duty owed to a third party. You must not upload offensive, obscene, racist, defamatory, misleading or deceptive content, including photographs, onto the Website or its associated services. We do not actively edit the Website but reserve the right to remove or edit any content posted on the Website or its associated services. If you notice any such content, please contact us (see below). If you build a fundraising page on the Website, you must ensure that any information you provide to the public is accurate and not misleading. It is your responsibility to ensure that the content you are uploading on your page (“Content”), is your original work and/or you have the right and/or licence necessary to upload it and it is not copyright-protected. If it is copyright-protected, you must obtain the copyright owner's written consent to use it. We reserve the right to remove any pictures, photographs, videos or copy from fundraising pages at our sole discretion and without notice if their copyright status is in any doubt. If you suspect a breach of copyright on the Website, please contact us (see below). Please note that by submitting and posting Content to the Website, you grant us a perpetual, irrevocable, worldwide, royalty-free and non-exclusive license to use, modify, reproduce, publish, broadcast, display and distribute the Content in any format, using any medium, for the purpose of promoting a Lions Club and/or its appeal(s), or for any other purpose that we deem appropriate. You must not misrepresent your identity or affiliation with any other person or organisation. You must not use the Website to send emails to people who do not wish to receive emails from you. If you create a fundraising page, donors are given the option to share their contact details with you for the purposes of thanking them for their donations. You must only use donor contact details for this purpose and you must not use this information for sending unsolicited direct marketing to these individuals or otherwise using this information in violation of any applicable law, including any data protection regulations. You must not interfere with, or disrupt, the service or services or networks connected to the service or introduce any computer virus (including any variant or similar malicious code or instructions) to our systems. You must not attempt to modify, adapt, translate, sell, reverse engineer, decompile or disassemble any portion of the Website. You must not use any part of the Website which you are not authorised to use or devise ways to circumvent security in order to access part of the Website which you are not authorised to access. You must not use or attempt to use the Website for any unlawful, criminal, or negligent purposes. You must not disclose any information relating to any donor except with the consent of the donor or as permitted by applicable law. We reserve the right to cancel your access and delete any fundraising page in the event you fail to follow any of the above rules. We may also suspend or delete a fundraising page if the relevant appeal is no longer receiving donations via us or is no longer active. Building a fundraising page in aid of an appeal of a Lions Club in no way implies our endorsement of your fundraising activity. We reserve the right to cancel your fundraising page if we deem your fundraising activity inappropriate. Copyright All content on the Website and its associated services is owned by us, Lions Clubs or other original providers, and is protected by the applicable intellectual property and proprietary rights and laws. You may copy content for your own personal, non-commercial use provided you do not alter it or remove any copyright, trade mark or other proprietary notice, and that your usage complies with any requests you may receive from any person with rights in that content. No other use of the Website's and its associated services' content is permitted without the express prior permission of the copyright holder. Links The Website and its associated services may contain links to other websites, including the websites of Lions Clubs. Inclusion of a link to another website does not imply endorsement of its content or opinions. Your relationship and any direct transactions with other people or organisations are your own responsibility. Trademarks The name “Lions Giving” and any other product and service names that we may present on the Website or its associated services from time to time may not be used in connection with any product or service that is not ours, nor in any manner that is likely to cause confusion, or in any way that may disparage or discredit us. Other trademarks, service marks or logos that appear on the Website or its associated services, in particular (but not exclusively) those of Lion Clubs or other organisations, are the property of their respective owners. They must not be used without the express permission of the owner. Prohibition on data extraction and distribution By visiting or using the Website or any of its associated services, you agree not to: (i) copy (except as authorised by these T&Cs), mirror, frame, index, scrape, mine or otherwise gather or extract any of the content or data from the Website or its associated services; or (ii) sell or distribute any data which is gathered or extracted in breach of these T&Cs, or which is based on or derived from any such data. We may take any measures we see fit to block access to the Website and its associated services where we believe that these T&Cs have been or will be breached. You agree that you will not take any steps to try to circumvent these measures and that you will not take any steps to mask your IP address. You acknowledge and agree that where there is any actual or threatened breach of these T&Cs, damages may be an inadequate remedy and we shall be entitled, without prejudice to any other rights and remedies we may have, to seek an injunction or any other equitable relief for such breach. We may also request that you destroy any data you have gathered or extracted in breach of these T&Cs and you agree that you will comply with such request promptly and certify the same. Changes to the service We reserve the right to modify, suspend or discontinue all or any part of the Website and its associated services at any time with or without notice. All new features, services or software applications shall be subject to these T&Cs. Failure to comply with these T&Cs In the event that you fail to comply with these T&Cs, we reserve the right at our sole discretion to immediately and without notice suspend or permanently deny your access to all or part of the Website and associated services. Termination You may discontinue use of the Website and associated services at any time. These T&Cs will continue to apply to your past use. Disclaimer and limitation of liability You agree that your use of the Website and its associated services is on an "as is" and "as available" basis and that your use of the Website and its associated services is at your sole risk. We do not warrant or guarantee continuous uninterrupted or secure access to our services, and operation of the Website and associated services may be interfered with by numerous factors outside of our control. On that basis, except as expressly set out in these T&Cs and except for the rights, guarantees and remedies which cannot be excluded, we do not provide other conditions, guarantees, warranties or terms in relation to the Website or its associated services, to the extent permissible by law. We shall undertake general maintenance and upkeep of the Website from time to time. During these periods, the Website and its associated services may not be available for use. In exceptional circumstances, the Website and associated services may also become unavailable at other times. If found liable, we shall only be liable under these T&Cs for direct losses which are reasonably foreseeable and caused by our uncured material breach of these T&Cs or our negligence. Our total liability to you arising under or in connection with these T&Cs whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall in no circumstances exceed the total sum of the donations you have made using the Website in the preceding 12-month period, ending on the date the circumstances giving rise to our liability arose. In no event shall we be liable for losses relating to any business of yours or lost or corrupt data, loss of profits, loss of contracts, loss of business opportunity, loss of sales, loss of revenue, loss of goodwill, loss of any software or data, loss of bargain, loss of opportunity, loss of use of computer equipment, loss of or waste of management or other staff time, even if we have been advised of the possibility of such damages. Nothing in these T&Cs excludes any statutory rights which may apply to your use of the Website and associated services which cannot be excluded, restricted or modified by contract. Confidential Information 0The parties shall treat as strictly confidential all information about the other which has been acquired as a result of the use of the Website and associated services and which is not in the public domain. No party shall use or disclose to any third party such information belonging to the other party without that party's prior written consent, except where (i) required to do so by regulatory or governmental body or (ii) those third parties operating under non-disclosure provisions no less restrictive than those set forth in these T&Cs and who have a justified business “need to know”. This paragraph shall survive termination of these T&Cs. Assignment and transfer We may assign and/or transfer our rights and/or obligations under these T&Cs and/or in respect of the Services without your consent. Third party rights A person who is not a party to these T&Cs has no right to enforce any term of these T&Cs. Governing law These T&Cs and any contractual or non-contractual dispute arising out of or in connection with your use of the Website or the associated services are governed by English law. Lions Giving’s terms and conditions for Lions Clubs Please read these T&Cs carefully. By subscribing to the Lions Giving platform, each subscribing Lions Charity (each a “Lions Club” for the purposes of these T&Cs) is agreeing to these T&Cs. If the Lions Club does not wish to be bound by these T&Cs, the Lions Club should not continue to use or access any of the Services (as defined below). We operate a website at www.lionsgiving.co.uk which allows users to create fundraising pages for the appeals of Lions Clubs listed on that website and for users to donate to the appeals of Lions Clubs listed on that website, and for Lions Clubs to receive and/or access data about those users and donations (together, the “Services”). The T&Cs govern the Lion’s Club’s use of the Services. We may change or update these T&Cs from time to time in order to, amongst other things: take account of changes in technology or the systems we use; reflect a change in market conditions, or an actual or reasonably expected change in the costs of providing the Services; meet our legal or regulatory obligations; make them clearer or more favourable to you, or to correct errors; and introduce or remove services, or to reflect changes to the way in which we manage the Lions Giving Website and the Services. The current version of the T&Cs will be available on www.lionsgiving.co.uk. It is the Lions Club’s responsibility to access and check these T&Cs whenever the Lions Club accesses or uses the Services. The latest version of these T&Cs will govern any future usage by the Lions Club of the Services. These T&Cs supersede and replace all previous versions of the T&Cs. Term & Subscription 1.1. We shall provide the Services to the Lions Club and the Lions Club shall comply with these T&Cs once the Lions Club has successfully subscribed to use the Services until the subscription is validly terminated in accordance with Section 8.1 below. 1.2 Only Lions clubs located within Southeast England are eligible to subscribe to use the Services. 1.3 We may decline any application for subscription at our discretion. We will carry out all checks that we deem necessary to verify the identity of a Lions Club and its trustees/officers. 1.4 Following a successful application, a Lions Club will only be able to use the Services once: the Lions Club has been notified that its subscription has been successful, the Lions Giving Website has been set up to process payment transactions for an appeal or appeals of it; and the Lions Club has paid the subscription fee required under Section 3. Our Obligations Donations 2.1. We will operate the Services so that donors can make single or regular online donations by credit or debit card, through appeal and/or fundraising pages set up for the appeals of the Lions Club. Use of the Services is on an "as is" and "as available" basis, meaning we cannot promise trouble-free use. 2.2. We will set up arrangements to ensure that all donations received by us (after deduction of bank processing charges and our transaction fees, as described in Section 3) are paid out by bank transfer to the Lions Club’s validated bank account. These payments will be made monthly. 2.3. We will set up arrangements to ensure that all Gift Aid received from HMRC is paid (subject to having received the necessary information from HMRC to allocate that Gift Aid). Any Gift Aid received shall be paid out to each Lions Club quarterly. Where Gift Aid is claimed in respect of a donation, processing charges and our transaction fees (as described in Section 3) will be deducted from the Gift Aid reclaimed in priority to a deduction from the donation itself (or any subsequent donation). 2.4 We will provide the Services in accordance with good industry practice to ensure, amongst other things, that donors' credit cards and debit cards are debited and their donations are credited to the Lions Club’s validated bank account in a secure manner. Support and Donation Acknowledgements 2.5. We will send prompt e-mail acknowledgements to donors in respect of each donation made to an appeal of the Lions Club via the Services. 2.6. We will respond to fundraisers' and donors' account enquiries that we receive. Personal Information 2.7. We will capture personal information including but not limited to the fundraiser's and the donor's name, title, address and email address ("Personal Information") at all times in accordance with applicable law which shall include, without limitation, the Data Protection Act 2018, the retained EU law version (converted by section 3 of the European Union (Withdrawal) Act 2018) of the General Data Protection Regulation (EU) 2016//679 (UK GDPR) and the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426), in each case, as amended, extended or re-enacted from time to time and including all subordinate legislation made from time to time thereunder (“Privacy Laws") and protect and secure such information. Lions Clubs should refer to the terms of service, the privacy notice and the cookies policy for more details of how we operate the Services, process Personal Information and uses cookies. 2.8. To the maximum extent possible under applicable law, we will abide by the instructions of all fundraisers and donors in respect of their Personal Information. 2.9. Subject to the Lions Club paying the Fees in accordance with Section 3 below, we will provide all Lions Clubs with access to a secure, password and PIN protected account on the Lions Giving Website. 2.10. We do not sell Personal Information to third parties. Records and Audit Requirements 2.11. We will keep proper records of all donations and income received and expenses incurred for such period as may from time to time be required by HMRC and maintain records which relate to the Lions Club and its appeals and the performance of the obligations hereunder (to which the Lions Club may, subject to the Privacy Laws, have access). In addition, we will keep proper records of all tax reclaims for the relevant period. 2.12. We provide each Lions Club with reports outlining: the number of donations received, the value of the donations received, and (where applicable) the processing charges and our transaction fees deducted from the total donations in accordance with Section 3. Site Maintenance and Miscellaneous 2.13. We will comply at all times with all applicable laws (which shall include, without limitation, the Charities Act 1992, the Charities Act 2011 and the Charitable Institutions (Fundraising) Regulations 1994) and applicable authority, licence, permit or registration requirements. 2.14. We will undertake planned maintenance and upkeep of the Services. Intermediary 2.15. We, as operator of the Services, acts as an intermediary between the Lions Club and the individual users of the Services. Whilst the Lions Club and the individual user information resides on the Services, we do not check or exercise any editorial control over the content of such information, save as required by applicable law. In the event that we are made aware of or have knowledge of any unlawful activity or information on the Services, we shall promptly act to remove or disable access to the information. 2.16. We will offer all donors who are UK taxpayers the option of making donations in a manner that makes them eligible for Gift Aid reclaims. 2.17. Subject to being able to fulfil all applicable HMRC or other requirements for Gift Aid eligibility, we will make Gift Aid reclaims no less frequently than quarterly from HMRC in respect of eligible donations (i.e. donations where the donor has satisfied HMRC’s requirements and made a Gift Aid declaration). Fees In consideration of using the Services, the Lions Club shall pay the subscription, processing and transaction fees set out in this Section 3 to us together with any other fees set out below to us (together, the “Fees”). Whilst it is intended that the Fees will only help us to meet the costs of providing the Services, in the event that we make a surplus in providing the Services that surplus will be applied towards furthering our charitable purposes. Description Fee Subscription fee (payable by the Lions Club) £50 per annum Payment processing fee (deducted before we send the funds to the Lions Club) The cost to access the necessary payment card infrastructure via a payment gateway or other electronic service to process payments on behalf of the Lions Club. Donation processing fee (deducted before we send the funds to the Lions Club) 2% + 15p per transaction on the amount of the donation Gift Aid reclaim and processing fee (deducted before we send the funds to the Lions Club) 5% + 5p per transaction on the amount of the Gift Aid reclaim Subscription Fees 3.1. A subscription fee shall apply. The subscription fee shall be payable before the Services are made available to the Lions Club and annually thereafter via automated bank transfer. We retain the right to suspend the Lions Club’s use of the Services at any time should collection of this amount not be successful for any reason or the Lions Club does not pay any other amount due to us under these T&Cs for any other reason. In this situation, the Lions Club will only be granted access to the Services upon receipt of any outstanding subscription fees. Processing and Transaction Fees 3.2. The Lions Club shall pay to us processing and transaction fees on each donation which are comprised of: 3.2.1. the cost to access the necessary payment card infrastructure via a payment gateway or other electronic service to process payments on behalf of the Lions Club which is determined at market rates and varies by payment type and payment processor (“Payment Processing Fee”); and 3.2.2. a donation processing fee of a percentage of the gross donation (“Donation Processing Fee”); and 3.2.3. when a donation is eligible for Gift Aid reclaim and we process such Gift Aid reclaim, a gift aid reclaim and processing fee of a percentage of the reclaimed Gift Aid (“Gift Aid Reclaim and Processing Fee”). 3.3. The Lions Club hereby authorises us, subject to applicable law, to deduct the Transaction Fees from each donation (or, as applicable, the reclaimed Gift Aid) before paying the balance to the Lions Club. 3.4. The Services may include an option for a donor to pay the Transaction Fees instead of the Lions Club. If a donor chooses this option, the full amount of the donation will be paid to the Lions Club after the deduction of the applicable Transaction Fees, and we will retain the applicable Transaction Fees paid by the donor. Lions Club’s Obligations - General 4.1. The Lions Club will ensure that all content (including text and images) supplied by it to us for display on the Services or which it itself posts on any of the Services (including, in each case, links to any third party sites or content) will not violate any law or regulation or be defamatory, misleading, obscene or breach any intellectual property rights of a third party or breach any right of or duty owed to a third party. 4.2. The Lions Club will provide written confirmation to us of any donations (including any Gift Aid reclaimed on the same) that it permits us to reimburse to the donor. We will not permit refunds without prior written consent from the Lions Club, unless required by applicable law. 4.3. Subject to applicable law, the Lions Club will permit us to deduct such refunds, and any chargebacks arising, from subsequent donations payable to the Lions Club. Should no donations (or any Gift Aid reclaimed on the same) arise within the same month of the refund or chargeback we reserve the right to invoice the Lions Club for the refunds and chargebacks, and the Lions Club agrees to settle that invoice within the period set out on the invoice. 4.4. The Lions Club will maintain the necessary authority, permit, licence, consent, approval and registration for it to fundraise (and, where applicable, for us to fundraise on its behalf) in accordance with applicable law and if we need any such authority, permit, licence, consent, approval or registration for us to fundraise on behalf of the Lions Club then the Lions Club will provide all such assistance as we reasonably require to assist us with the same. 4.5. The Lions Club will inform us immediately if, for any reason, it: 4.5.1. ceases to carry on operating for charitable purposes; 4.5.2. is found to be engaged in any corrupt or immoral practices; 4.5.3. is subject to any investigation or inquiry which could result in the necessary authority, permit, licence, consent, approval and/or registration for it to operate as a charity or otherwise in accordance with applicable local laws being suspended, revoked or withdrawn; or 4.5.4. ceases to have the necessary authority, permit, licence, consent, approval and/or registration for it to operate as a charity or otherwise. 4.6. The Lions Club will promptly provide any information reasonably requested by us in order for us to be able to provide the Services to the Lions Club effectively. 4.7. The Lions Club will ensure that, in each case where a donor is advised that his/her donation will be used for a specific purpose, appeal or outcome, the donation is used only for that specific purpose, appeal or outcome. 4.8. The Lions Club will comply with all applicable law and regulation in its use of the Services. 4.9. The Lions Club will maintain the security and confidentiality of any passwords and PINs provided by us in connection with the Services and shall not share these passwords or PINs with any third party. We shall not be liable for and accept no responsibility for misuse of any such passwords and/or PINs. 4.10. The Lions Club represents, warrants and undertakes to us that: 4.10.1. these T&Cs have been accepted and agreed to by a sufficient number of its duly authorised representatives; and 4.10.2. any documents provided to us as part of the Lions Club’s application for subscription (or maintenance of such subscription) have been or shall be executed by a sufficient number of its duly authorised representatives. 4.11. The Lions Club shall not provide any donor with any form of incentive in connection with the making of any donation by any donor. 4.12. The Lions Club agrees to provide all reasonable assistance requested by us in relation to any Gift Aid reclaim (including in respect of any enquiries raised by HMRC in relation thereto). 5 Lions Club’s Obligations – Data Protection and Direct Marketing 5.1. To the extent that the Lions Club’s use of the Services results in access to any Personal Information, the Lions Club will: 5.1.1. at all times assist with the responsibilities of us, as a data controller responsible for determining how the Personal Information is processed under the provisions of the Privacy Laws; 5.1.2. not do, or cause or permit to be done, anything which may result in a breach by us of the Privacy Laws and comply with all reasonable instructions from us relating to the processing by the Lions Club of such Personal Information; 5.1.3. comply with the Privacy Laws in respect of the Lions Club’s collection, use, disclosure or processing of the Personal Information; 5.1.4. abide by the lawful instructions of all data subjects in respect of the Personal Information and not do anything to compromise the security of such information; 5.1.5. not sell Personal Information to third parties; 5.1.6. hold the Personal Information securely and not disclose it to anyone other than us, as agreed to by the data subject and/or as permitted by the Privacy Laws; 5.1.7. implement adequate security, technical and organizational measures against all unauthorized, unlawful or accidental access, processing, use, erasure, loss or destruction of, or damage to, Personal Information in accordance with the Privacy Laws, and abide by our reasonable requirements to ensure the security of the Personal Information as notified to the Lions Club from time to time; 5.1.8. use Personal Information appropriately and only for the specific purposes as notified to the Lions Club from time to time, including by way of the applicable privacy notice available on the Lions Giving Website; and 5.1.9. not retain any Personal Information for longer than is necessary. 5.2. In addition to its obligations under Section 5.1 above, if the Lions Club’s use of the Services results in access to any Personal Information and the fundraiser or donor has agreed to receive marketing communications from the Lions Club, the Lions Club will only send marketing communications to the fundraiser or donor to the extent that the fundraiser or donor: 5.2.1. has indicated their preference to receive such communications; and 5.2.2. has not indicated a preference or otherwise asked to stop receiving such communications. This includes the fundraiser or donor clicking an unsubscribe link or registering with any applicable preference service (which the Lions Club agrees it shall, to the extent it is required to do so, check before sending any communications). Where use of the Services results in access to any Personal Information relating to a fundraiser but that fundraiser has not agreed to receive marketing communications from the Lions Club, the Lions Club shall only communicate with that fundraiser in relation to their specific fundraising page and shall not (unless separate consent is obtained by the Lions Club) communicate with that person for any other purpose (including marketing). 5.3. The Lions Club shall be liable for and indemnify us, our successors and assigns against any and all claims, actions, liabilities, losses, damages and expenses (including legal expenses) incurred by us which arise (directly or indirectly) out of or in connection with any breach of Sections 5.1 or 5.2 by the Lions Club. Intellectual Property Rights and Licence 6.1. All intellectual property rights in the Services and any material (including text, photographs and other images, trademarks and logos) contained in the Services are either owned by us or have been licensed to us by the rights owner(s) for use as part of providing the Services. Nothing in these T&Cs shall operate as an assignment of any such intellectual property rights. We hereby grant to the Lions Club a personal, non-exclusive, non-transferable, royalty-free licence for the Lions Club to use the Services for the sole purpose for which they are provided and in accordance with these T&Cs. 6.2. The Lions Club hereby grants to us, our affiliates and our partners a non-exclusive, worldwide and royalty-free licence to use its name and logo in connection with the performance and promotion of the Services. 6.3. The licences in Sections 6.1 and 6.2 shall terminate automatically on valid termination of the Lions Club’s subscription in accordance with Section 8 below. 6.4. The Lions Club shall be liable for and shall indemnify us, our successors and assigns against any and all claims, actions, liabilities, losses, damages and expenses (including legal expenses) incurred by us which arise (directly or indirectly) out of or in connection with any third party demand, claim or action alleging infringement of the third party’s intellectual property rights. Confidential Information The parties shall treat as strictly confidential all information about the other which has been acquired as a result of the use of the Services and which is not in the public domain. No party shall use or disclose to any third party such information belonging to the other party without that party's prior written consent, except where required to do so by applicable law or regulatory or governmental body. This Section 7 shall survive termination of these T&Cs. Termination 8.1. Unless otherwise agreed by us, the Lions Club must give to us as least one month’s written notice of cancellation of its subscription. 8.2. In addition to the rights of each party under Sections 8.1 above, each party will have the right to terminate the use (and provision) of the Services with immediate effect by notice in writing when, and at any time after, the other party commits an act of default (as defined below) or commits any act or threatens to do any act the direct result of which is to damage or is likely to damage the reputation of the other party. An act of default by either party shall occur if: 8.2.1. the party is wound up or a liquidator or examiner is appointed; 8.2.2. an administration order is made in relation to the party or a receiver or an administrative receiver is appointed over, or an encumbrancer takes possession of or sells, all of the party's assets; 8.2.3. the party makes an arrangement or composition with its creditors generally; or 8.2.4. the party ceases or threatens to cease to carry on its business. 8.3. In addition to its rights under Sections 8.1 and 8.2 above, in the event that the Lions Club breaches any of these T&Cs or if we reasonably consider that any of the events listed in Sections 4.5.1, 4.5.2, 4.5.3 or 4.5.4 have occurred (or are likely to occur), we may do one or both of the following: 8.3.1. suspend or terminate the Lions Club’s access to the Services; and/or 8.3.2. suspend any payments due to the Lions Club. 8.4. To the maximum extent permitted by applicable law we, in any event, reserve the right to withdraw the Services (or any part of them) from public access at any time. LIABILITY 9.1. We do not, and nothing in these T&Cs shall act to, exclude or limit our or the Lions Club’s liability: (i) for death or personal injury resulting from our/its negligence; (ii) fraud; (iii) under any indemnity contained in these T&Cs; or (iv) any other liability which may not be excluded or limited. 9.2. The Lions Club agrees that the Services are provided on an "as is" and "as available" basis and that its use of the Services is at the Lions Club’s sole risk. We do not guarantee continuous, uninterrupted, error or virus free or secure access to the Services and operation of the Services may be interfered with by numerous factors outside of our control. On that basis, except as expressly set out in these T&Cs, we do not enter into conditions, warranties or other terms in relation to the Services, and they are excluded to the fullest extent permissible by law. 9.3. Subject to Section 9.1, in no event shall we be liable (whether for breach of contract, negligence or for any other reason) for any loss or damage which the Lions Club may claim to have suffered by reason of its (or any donor, fundraiser or other user) accessing and use of (or inability to access and/or use) the Services or any part of them, including (but not limited to) loss of profits, exemplary or special damages, loss of sales, loss of donations, loss of Gift Aid, loss of revenue, loss of goodwill, loss of any software or data, loss of bargain, loss of opportunity, loss of use of computer equipment, software or data, loss of or waste of management or other staff time, or for any indirect, incidental consequential or special loss, however arising. 9.4. We may change the format and content of the Services from time to time. In particular, the Lions Club should refresh its browser each time it visits the Lions Giving Website to ensure that the Lions Club downloads the most up to date version of the Lions Giving Website, including the latest version of these T&Cs. 9.5. Subject to the other terms of this section 9, our total aggregate liability of arising under or in connection with the Lions Club (or any donor, fundraiser or other user) accessing and using the Services and inability to access or use the Services shall be limited to the total fees paid under these T&Cs by the Lions Club during the preceding 12 months period ending on the date the circumstances giving rise to the liability arose. Suspension of the Services We may suspend the operation of any of the Services in full or in part at any time, for example but without limitation for repair or maintenance work or in order to update or upgrade the contents or functionality of the Services from time to time. Insurance Each party must at all times maintain such adequate insurances as are required by applicable law or as are customary for the parties to an agreement of the nature of these T&Cs to maintain. Compliance with law The Lions Club must comply with all applicable laws and regulations at all times, including but not limited to: all laws relating to anti-bribery and anti-corruption including, but not limited to the Bribery Act 2010 (as amended from time to time); all laws relating to anti-slavery and human trafficking from time to time in force including but not limited to the Modern Slavery Act 2015 (as amended from time to time); and all laws relating to tax evasion including but not limited to the Criminal Finances Act 2017 (as amended from time to time). Notices and Entire Agreement 13.1. Notices referred to above should be made in writing and sent by registered post to the registered office for the party concerned or, in the case of notices to be sent by or to us, by email to [email protected] 13.2. These T&Cs represent the entire agreement between us and the Lions Club and supersede and replace any other representations made orally or in writing. Third Party Rights A person who is not a party to these T&Cs has no right to enforce any term of these T&Cs. Assignment and transfer We may assign and/or transfer our rights and/or obligations under these T&Cs and/or in respect of the Services without the Lions Club’s consent. Force majeure We will not be liable to the Lions Club for any breach of these T&Cs where the circumstances giving rise to the breach were due to abnormal and unforeseeable circumstances beyond our reasonable control, the consequences of which would have been unavoidable despite all efforts to the contrary. Governing Law These T&Cs and any contractual or non-contractual claim arising out of or in connection with a Lions Club’s use of the Services are governed by the law of England, and subject to the jurisdiction of the English courts. Manage Cookie Preferences