Selfless Terms of Use

 

Last updated: 17 April 2012

 

1. About us and these Terms of Use

Welcome to the www.selfless.org.uk website (the “Website”). This Website is controlled and operated by Selfless (“Selfless”, “we”, “us”, “our”). Selfless is a registered charity in England and Wales (number [1147463]) and a company limited by guarantee registered in England and Wales (company registration number 07879716) at [The Whitechapel Centre, Myrdle Street, London E1 1HL]. 

 

These terms of use (“Terms”) govern how Selfless makes the Website available and provides the services available through the Website (the “Services”) to each person or entity accessing or using the Website or the Services (each a “User”, “you”, “your” or “they”). By: (a) accessing, browsing or otherwise using the Website by any means and via whatever device; or (b) clicking “Register” during the Selfless Member sign-up process (or any other button indicating your acceptance of these Terms), you agree to be bound by these Terms. 

If you do not agree to be bound by these Terms then please do not access, browse, register with or otherwise use the Website or the Services in any way. 

 

2. How to contact us

If you have any questions, comments or complaints about the Website please contact us by email at info@selfless.org.uk. 

 

3. Changes to these Terms

We reserve the right to change these Terms at any time without notice. Accordingly, we encourage you to revisit these Terms regularly to ensure that you are at all times fully aware of them. Any changes will be effective immediately upon posting to the Website. Following any such change, if you continue to access, browse or otherwise use the Website and/or the Services, you are deemed to have accepted all such changed Terms. 

 

4. Privacy and data protection
Full details of how we collect, hold and process your personally identifiable information are set out in our Privacy Policy. 

We are committed to protecting the privacy of children. You should be aware that this Website is not intended or designed to attract Users under the age of 18. We do not collect personally identifiable information from any person we actually know is under the age of 18. 

 

5. Legal status/Children
If you are under 18 years old you are not eligible to become a Selfless Member (as defined in section 6 below) or otherwise use the Services.  We will assume (and by using this Website and/or the Services you warrant) that all Users are over 18 years old and that they have the legal capacity and authority to enter into the agreement set out in these Terms and any contract made via the Website.

If a User is a company or other legal entity (i.e. other than a private individual), the User warrants that: (a) it has, and at all material times shall have, full power and authority to enter into and perform its obligations under these Terms; and (b) it has duly authorised its employees or agents to become a Selfless Member and to agree to these Terms on its behalf.

 

6. Volunteering opportunities/Becoming a Selfless Member
The core Service offered to Users via the Website is connecting charitable organisations and other good causes who are in need of volunteers (together defined as “Organisations”) and individuals who are willing to give up their time for free and who are seeking opportunities to do so (defined as “Voluntary Worker”).  More information about how this Service works is available on our AboutAbout Us page.  Please note that in these Terms the expression “Voluntary Worker” is used by Selfless as a matter of administrative convenience and not as a legal definition. It will be a matter for each Organisation and each Voluntary Worker to determine between them the status of the Voluntary Worker undertaking any project and in particular whether he or she is a volunteer or a voluntary worker.
Please note that use of the Service to find and/or advertise “employment” (as defined in the Employment Agencies Act 1973) is strictly prohibited.  For example, all of the volunteering opportunities advertised via the Website must be for no financial reward or benefit (aside from reimbursement of expenses actually incurred where agreed with the Organisation).
In order to become an Organisation or a Voluntary Worker you must first register as a Selfless member via the Website (a “Selfless Member”).  There are different registration forms for Organisations and Voluntary Workers so please make sure that you complete the correct form.
Selfless Membership is limited to one registration per User. Whether or not we accept your application to become a Selfless Member is entirely at our discretion. It is a condition of use of this Website and the Services that all the details you provide when registering as a Selfless Member are correct, current and complete. If we believe that the details are not correct, current or complete, we reserve the right to refuse you access to the Website and/or to terminate or suspend your Selfless Membership.  
If you register as a Selfless Member and you choose, or you are provided with, a password as part of the registration process, you must treat your password as confidential and you must not disclose it to anyone else (or, in the case of a User that is a company, only disclose it to your duly authorised employee or agent). 

If you believe your Selfless Membership log-in details have become known to someone else: (a) you must immediately inform us by contacting info@selfless.org.uk; and (b) you will be liable for any loss or damage resulting from such unauthorised use or disclosure (regardless of whether or not you notify us). 

 

7. The relationship between Organisations and Voluntary Workers 
Our role in respect of Organisations and Voluntary Workers is to make available via the Website an on-line information service where:
(a) Organisations may place advertisements for volunteering opportunities which they have, receive responses from interested Voluntary Workers and view the profiles of potential Voluntary Workers; and
(b) Voluntary Workers can register their interest in volunteering, create a profile, search for volunteering opportunities that interest them, post content and be contacted by Organisations seeking Voluntary Workers.  
Selfless does not effect introductions between Organisations and Voluntary Workers (or vice versa), and nor does it supply candidates to Organisations.
Where a Voluntary Worker accepts an offer/invitation from an Organisation to participate in a particular project or other opportunity, the Voluntary Worker will enter into an agreement directly with such Organisation in respect of their participation in the relevant project/opportunity (each a “Volunteer Agreement”). Volunteer Agreements may or may not be in writing and may or may not be legally binding. In any event, Selfless is not a party to any Volunteer Agreement and the terms of each Volunteer Agreement shall be agreed between the Organisation and the Voluntary Worker in each case. Nothing in these Terms or in any Volunteer Agreement shall render any Voluntary Worker or any Organisation an employee, worker, agent, partner or consultant of Selfless.
Voluntary Workers and Organisations are strongly advised to carry out their own background checks and research (including, where necessary, Criminal Records Bureau checks) before engaging with any other User.
Selfless does not undertake any vetting or background checks on any Voluntary Workers or Organisations who or which wish to become Selfless Members and gives no representation, warranty or other assurance:
(a) in respect of the quality, reliability or integrity of any Voluntary Worker (including their claimed qualifications and/or experience) or Organisation;
(b) in respect of the performance/non-performance of any obligations under a Volunteer Agreement;
(c) in respect of the accuracy or completeness of:
i. any Selfless Member profile;
ii. any description of an Organisation provided by or on behalf of that Organisation; 
iii. any description of volunteering opportunities provided by an Organisation; 
(d) in respect of the suitability, safety or any other matters related to  volunteering projects and/or opportunities and their posting on the Website cannot be viewed as an endorsement of such projects and opportunities by Selfless;
(e) that Organisations will advertise any volunteering opportunities via the Website (whether suitable for a particular Voluntary Worker or otherwise); or 
(f) that any Voluntary Workers will respond to or accept offers/invitations to participate in volunteering opportunities that are advertised via the Website.  

Further, subject to section 14 below, Selfless shall not be liable (whether in contract, tort (including negligence) or otherwise), under any circumstances for any losses, claims, liabilities, costs, awards, fines, penalties, expenses (including legal fees and other professional expenses) and damages of any nature whatsoever and whether or not reasonably foreseeable or avoidable (“Losses”) arising out of, or in connection with, any breach of a Volunteer Agreement by an Organisation or Voluntary Worker or otherwise in respect of any act or omission of any Organisation or Voluntary Worker in the context of their participation in the relevant volunteering project/opportunity.

 

8. Acceptable use of the Website and Services
While accessing, browsing and/or using the Website or the Services you must: 
a. comply with all applicable laws, regulations and codes of practice including, without limitation: (i) the Data Protection Act 1998; (ii) the Privacy and Electronic Communications (EC Directive) Regulations 2003; (iii) the Equality Act 2010; and (iv) the British Code of Advertising, Sales Promotion and Direct Marketing (all as amended from time to time);
b. not impersonate another person or use a false name or email address;
c. not impersonate or misrepresent your connection to any other entity or person or otherwise manipulate headers or identifiers to disguise the origin of the content;
d. unless otherwise expressly authorised to do so, not collect or store personal information regarding other Users and not use any such personal information for any purpose other than using the Services;
e. act in good faith with, not misuse and treat in confidence any information provided to you from those who respond to any use which you may make of the Services;
f. for Organisations, not use the Services to seek details of individuals when you do not have a volunteering vacancy that you are actively seeking to fill;
g. not solicit funds, advertisers or sponsors or make any other unauthorised commercial communications;
h. not act in breach of your contract of employment (or any other agreement to which you are a party);
i. not do anything that might jeopardise the security of your log-in details;
j. not deep-link to and/or frame or use framing techniques to enclose the Website, or any part of the Website, or otherwise collect any part of the Website, including but not limited to User Materials, without our prior written consent;
k. not modify, or attempt to modify, all or any part of the Selfless Materials;
l. not ask other Users for their login information or access an account belonging to someone else;
m. not assign or transfer your Selfless Membership to anyone else either permanently or temporarily;
n. not gain or attempt to gain unauthorised access to the Website, the Services, the server on which the Website is stored or any third party server, computer or database connected to the Website;
o. not attempt to damage, deny service to, hack, reverse engineer (except to the extent permitted by applicable law) or otherwise interfere with the Website or the Services;
p. not upload, post, submit, transmit, communicate, refer to, make available or link to or from any material which (in our sole opinion):
i. is untrue, fraudulent, inaccurate or incomplete; 
ii. is unlawful, inflammatory, pornographic, hateful, obscene, threatening, menacing, offensive, defamatory, abusive, racist, causes annoyance, inconvenience or needless anxiety, is in breach of confidence, in breach of any intellectual property right (including, without limitation, copyright) or otherwise is in breach of or violates any applicable law or regulation or code, 
iii. makes excessive demands for bandwidth; 
iv. disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via the Website; 

v. contains any virus or other harmful code, or which may otherwise impair or harm the Website or our computer systems or any third party computer system.

 

9. Payments to Selfless by Organisations
Whilst the Service is offered for free to Voluntary Workers, Organisations may be required to pay to use the Service and/or to enter into a separate agreement with Selfless.  The pricing structure together with any available “free trial periods” will be clarified at the point of registration by the relevant Organisation and/or at the point when an Organisation wishes to use the Service to advertise a volunteering opportunity.
To advertise a new volunteering opportunity, the relevant Organisation must follow the [“Add an Opportunity”] procedure on the Website.  Where applicable, all prices quoted by Selfless are exclusive of value added tax and other applicable taxes on the supply of goods and services (together defined as “VAT”), which, where applicable, must be paid in addition.  The price must be paid in advance together with any applicable VAT or other taxes.  
We are under no obligation to allow any Organisation to advertise a new volunteering opportunity until we have received payment in full of the applicable price.  

If an Organisation chooses to pay for the Service by credit card, the Organisation warrants that he or she is authorised to use the relevant credit card and that the credit card information provided is complete and accurate.

 

10. Selfless Materials
We are the owner or the licensee of all intellectual property rights in the Website, the material on the Website (excluding any of your User Materials (see section 11 below), but including all text, data, databases, graphics, layout, logos, images, audio material, clips, films or other moving images, algorithms, product or service details and/or software published or otherwise made available on the Website from time to time) and the trade marks displayed on the Website (together defined as the “Selfless Materials”). 
Subject to these Terms, we grant you a limited, temporary, revocable, and non-exclusive licence to access, browse and use the Website and the Selfless Materials for the purposes of using the Services or otherwise for your personal use. Where specified on the relevant part of the Website, the licence granted in these Terms may be limited to a particular period of time and/or may be subject to additional terms and conditions. 
Except as expressly set out in these Terms (or as required under any applicable law), no part of the Website (or the Selfless Materials) may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in full or in part, for any purpose without our prior written consent. In particular, except in respect of User Materials (see section 11 below): (a) you are not permitted to republish any part of the Website or Selfless Materials on another website, in any other medium (print, electronic or otherwise) or as part of any commercial service without our prior written permission; and (b) you are not permitted to use the Selfless name or logo in any other medium (print, electronic or otherwise) without our prior written consent. All the intellectual property rights referred to above remain owned by us or our relevant licensors. 
Selfless Members may be offered the facility to store certain electronic materials (such as profile details) in their personalised section of the Website.  This storage facility, where made available, may be limited in time and/or capacity. 

You are responsible for providing all of the equipment necessary to access this Website and use the Services and for all related third party charges (e.g. telephone charges and Internet Service Provider charges). 

 

11. User Materials
Where the facility is made available to you on the Website, you may submit, upload, communicate or transmit materials (including, without limitation, profile details, CVs, reviews, advice, photographs or other images, audio material, films or other moving images) through the Website or the Services (together “User Materials”). 
When you submit, upload, communicate or transmit any User Materials using the Website or the Services, you do so in accordance with these Terms including, in particular, the following: 
a. you grant us a royalty-free, worldwide, perpetual, irrevocable and non-exclusive licence to use, copy, distribute, publish, syndicate, sub-license and transmit the whole or any part of the User Materials submitted, uploaded, communicated or transmitted by you (including, without limitation, any of the information, details, ideas, concepts and/or formats contained within it) in any manner and in any format and/or media (including, without limitation, archiving and making such material available on the Website) for the purposes of operating the Website and providing the Services;
b. to the extent permissible by law, you waive all moral rights subsisting anywhere in the world in the User Materials submitted, uploaded, communicated or transmitted by you;
c. you agree that we may (at our discretion) disclose your identity to any third party who is claiming that any User Materials submitted, uploaded, communicated or transmitted by you to the Website is/are defamatory, is/are in breach of confidence, in breach of any intellectual property right (including, without limitation, copyright), in breach of any of the warranties set out below or otherwise is/are in breach of or violates any applicable law, regulation or code of practice;
d. you warrant to us that you have the right to grant the licence set out in section (a) above; and
e. you warrant that any User Materials submitted, uploaded, communicated or transmitted by you will not be: obscene, threatening, menacing, offensive, defamatory, abusive, likely to cause annoyance, inconvenience or needless anxiety, in breach of confidence, in breach of any intellectual property right (including, without limitation, copyright) or otherwise in breach of or violates any applicable law, regulation or code of practice.
You provide the warranties and the licence set out above in consideration of our providing you with the Services and access to the Website and without further permission or notification from you being required. 
You now acknowledge that any breach of the warranties set out above may cause us damage or loss and you agree to abide by the above warranties and use this Website and the Services only in accordance with these Terms. 
In the event that your unauthorised use of this Website or the Services results in loss or damage to any person who then brings a claim against us, or that we incur as a result of storing, publishing or otherwise holding any material (including User Materials) you submit, upload, communicate or transmit to us, including all indirect and consequential losses, you agree to indemnify us, immediately on demand and on a continuing basis, for all losses and/or damages arising from such claim. 
You acknowledge and agree that Selfless does not control or screen (subject to the next paragraph) the User Materials submitted, uploaded, communicated or transmitted to the Website by any User (including, without limitation, the details of any reviews or comments about other Users or organisations) and does not guarantee the accuracy, quality, quantity, relevance or appropriateness of any such User Materials.
Whilst you acknowledge that we do not necessarily pre-screen any User Materials that you have submitted, uploaded, communicated or transmitted to the Website, we reserve the right to remove or suppress, at any time and without reason or prior notice or any liability to you, any such User Materials.  However you acknowledge that Selfless is under no obligation to do so and assumes no responsibility or liability arising from the content of any such User Materials nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, privacy disclosure or inaccuracy contained in any information within such User Materials on the Website or for any other claims or statements made in respect of User Materials submitted, uploaded, communicated or transmitted by you; all User Materials remain the liability of the submitting User. 

Without notice to Users, Selfless reserves the right to delete User Materials from its computer systems at any time and/or to limit the storage space made available to Users.  You are solely responsible for backing up any User Materials that you submit, upload, communicate or transmit to the Website or receive through the Website as a result of the use of the Services.  Selfless shall not be liable for any deletion or failure to retain any User Materials.

 

12. Indemnity
You will indemnify, and will keep indemnified, us, our directors, employees, agents and other representatives, our data providers and our affiliates immediately, on demand and on a continuing basis from and against any Losses (as defined in section 7 above) arising directly or indirectly as a result of: 
a. any breach of these Terms by you; or
b. your fault, negligence or breach of statutory duty; or
c. your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure (whether owned by, leased or licensed to us) or that of any of our suppliers; or

d. your failure to provide accurate, complete and truthful registration and other details.

 

13. Provision of the Website and the Services
Neither we nor any of our data providers or affiliates gives any warranty, representation or guarantee: (a) relating to the availability of the Website or the Services; (b) that the Website and/or our operation of it, the content or the server that makes the Website and/or the Services available, are error or virus free or free of other harmful components; (c) that your use of the Website or the Services will not infringe the intellectual property rights of any third party; (d) that your use of the Website or the Services will be uninterrupted; or (e) regarding the suitability, reliability, timeliness or quality of the Website or the Services. 

Selfless reserves the right at any time to suspend, modify and/or discontinue all or part of the Services or the Website without giving you any notice.

 

14. Liability
This section 14 sets out the entire financial liability of Selfless (including any liability for the acts or omissions of our employees, agents and sub-contractors) to Users in respect of: (a) any breach of these Terms; (b) any use made by Users of the Services and Website or any part of them; and (c) any representation, statement or tortious act or omission (including negligence) arising under or in connection with these Terms.
Nothing in these Terms excludes or limits the liability of Selfless: (a) for death or personal injury caused by Selfless's negligence; (b) for fraud or fraudulent misrepresentation; or (c) for any other liability which it is not lawful to exclude either now or in the future under applicable law.
Except as expressly and specifically provided in these Terms: (a) each Organisation assumes sole responsibility for results obtained from their Advisory Boards, and for conclusions drawn from such Advisory Boards; (b) all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from these Terms; and (c) the Services and the Website are provided to Users on an “as is” basis.
Subject to the two paragraphs above: 
a. Selfless shall not be liable (whether in contract, tort (including negligence) or otherwise) for any loss of profits, loss of business, depletion of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising in relation to the Services, the Website and/or these Terms;
b. Selfless shall not be liable (whether in contract, tort (including negligence) or otherwise) for any Losses (as defined in section 7 above) arising out of or in connection with:
i. the use or performance of, failure or delay in providing, or the inability to use, the Website or the Services;
ii. any User Materials which are unlawful, inflammatory, pornographic, hateful, obscene, threatening, menacing, offensive, defamatory, abusive, racist, cause annoyance, inconvenience or needless anxiety, are in breach of confidence, in breach of any intellectual property right (including, without limitation, copyright) or otherwise are in breach of or violates any applicable law or regulation or code;

c. notwithstanding the above, Selfless's total aggregate liability (in contract, tort or otherwise) arising in connection with the Services, the Website and/or these Terms shall be limited to £100 or, in respect of claims made by Organisations only, the greater of: (i) £100 or the total amount paid by such Organisation to Selfless for Services provided during the twelve (12) months immediately preceding the date on which the claim arose.

 

15. Termination or suspension of your access to the Website
The agreement set out in these Terms shall continue indefinitely until it is terminated in accordance with this section 15.
Without prejudice to any other rights of Selfless set out in these Terms, Selfless may cancel your Selfless Membership (if you are a Selfless Member) and/or terminate, suspend or deny your access to the Website and/or the Services: (a) immediately on notice to you in the event that you breach these Terms; or (b) without cause on thirty (30) days’ notice to you.
You may cancel your Selfless Membership and terminate your use of the Services at any time by emailing Selfless at info@selfless.org.ukfollowing the “” process on the Website.  
Upon cancellation of your Selfless Membership and/or termination of the Services for any reason, the following shall apply:
a. you shall immediately stop all use of the Website and the Services;
b. Selfless may take any measures that it deems necessary or desirable (in its sole discretion) to prevent further use by you of the Website or Services (including, without limitation, blocking your IP address); and
c. Selfless shall be under no obligation to retain and/or return any User Materials submitted, uploaded, communicated or transmitted to the Website by you or received by you through the Website as a result of the use of the Services; and
d. unless otherwise agreed in writing with Selfless, Selfless will not be under any obligation to refund any subscription fees or other charges that Organisations may have paid in advance..

The cancellation of your Account and/or the termination of the Services shall be without prejudice to any rights or liabilities of Selfless or you accrued at the date of termination and shall not affect the operation of sections 7, 10, 11, 12, 14, 15 and 24 or any other section of these Terms which is intended to continue to have effect.  

 

16. Procedures for making claims of copyright and/or other intellectual property right infringement
We respect the intellectual property rights of others, and we ask those submitting, uploading, communicating or transmitting content to this Website to do the same. If you believe that your copyright work has been copied and is accessible on this Website in a way that constitutes infringement, or that your intellectual property rights have otherwise been infringed, you may notify us by providing us with the following information: 
a. a description of the intellectual property rights that you claim have been infringed and a description of the infringing activity;
b. in respect of copyright infringement claims, identification of the location where the original or an authorised copy of the copyright work exists, for example the URL of the website where it is posted or the name of the book in which it has been published;
c. identification of the URL or other specific location on this Website where the material that you claim is infringing is located; you must include enough information to allow us to locate the material;
d. your name, address, telephone number, and email address so that we may contact you;
e. a statement by you that you have a good faith belief that the disputed use is not authorised by the intellectual property rights owner, its agent, or the law;
f. a statement by you that the above information in your notice is accurate and that you are the owner of the relevant intellectual property rights or are authorised to act on the owner's behalf.
Our contact details for notice of claims of copyright infringement and infringement of other intellectual property rights on this Website are as follows: 
Contact: Selfless Website Administrator
Address: The Whitechapel Centre, Myrdle Street, London E1 1HL[insert address].
Email: [info@selfless.org.uk]
If you believe that any content has been taken down improperly, you may provide counter-notification in writing to us that includes the information below.  To be effective, the counter-notification must be a written communication that includes the following: 
a. identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
b. a statement from you that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and

c. your name, physical address and telephone number, that you consent to the jurisdiction of the English courts and that you will accept service of legal proceedings from the person who provided notification of the allegedly infringing material (or an agent of such person).

 

17. Third party links

The Website contains hypertext links to third party websites. We are not responsible for, nor do we endorse in any way such third party websites or their content. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk. 

 

18. Advertising and sponsorship

Parts of the Website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Website complies with all legal and regulatory requirements and does not contain any material which is objectionable including, without limitation, information which is defamatory, obscene, unlawful, threatening or untrue. We are not responsible for any such material or any error or inaccuracy contained in such material and any issues which you may have should be raised directly with the relevant advertiser or sponsor. 

 

19. Enforcement
If the whole or any part of any provision of these Terms is or becomes invalid, void or unenforceable for any reason, the relevant part shall (to the extent required) be severed from these Terms and made ineffective so far as is possible without modifying the remaining provisions of these Terms and shall in no way affect the validity or enforceability of any other provisions. 

These Terms supersede all prior agreements, arrangements and understandings between you and Selfless concerning the Website or the Services and constitute the entire agreement between you and Selfless in respect of the access, browsing and use of the Website and the provision of the Services. 

 

20. Waiver

No waiver by us of any breach of these Terms shall constitute a waiver of any other prior or subsequent breach and we shall not be affected by any delay, failure or omission to enforce any rights or obligations. 

 

21. Assignment
Unless you have our prior written consent, you shall not assign, transfer, charge, sub-contract or deal in any other manner with all or any of your rights or obligations under these Terms.

We may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under its agreement with you.

 

22. Third party rights

These Terms are not intended to create and shall not create any rights, entitlements, claims or benefits enforceable by any third party by virtue of the UK Contracts (Rights of Third Parties) Act 1999 (or otherwise). 

 

23. Governing law and jurisdiction
These Terms and/or your use of the Website shall be governed by and construed in accordance with English law.  The English courts shall have exclusive jurisdiction over any disputes or controversies which may arise (including non-contractual disputes or claims).