Terms and Conditions
This policy explains the terms and conditions to using Uinspire Giving (“Uinspire Ltd”).
Date of posting: 10/08/2017
This section contains information about our website and the fundraising platform we provide. It also explains how to access and register with the website and provides links to our policies and guidelines. These apply to your use of the website including the types of content you are permitted to post, the types of Campaigns and related rewards we permit you to offer and what we do with any personal information we collect as you use the website.
Please note that Uinspire Giving (Uinspire Ltd) does not offer regulated investments through the platform. Therefore it is not authorised or regulated by the Financial Conduct Authority. As with all rewards based crowdfunding and sales of community shares, there is no recourse to either the Financial Ombudsman Service or the Financial Services Compensation Scheme.
1.1 Welcome to Uinspire.co.uk. The Uinspire.co.uk website and the services provided through it (collectively, “Uinspire.co.uk”) are operated and owned by Uinspire Ltd (“we”, “us” or “our” as appropriate). For further information about us and our contact details, please visit the About Us page and see paragraph 11 of Section D, Contact us below.
1.2 We may make Uinspire.co.uk available through a number of channels. It is currently available through the website located at www.uinspire.co.uk.
1.3 To make these Terms quicker to read, we use a few key definitions: we refer to Community Members that are seeking to raise funds as “Campaign Owners”, their fundraising Campaigns as “Campaigns”, the aims of a Campaign as its “Campaign Goal”, Community Members that support those Campaigns by contributing funds as “Supporters”, their contributions as “Donations”, the minimum total value of Donations sought by a Campaign Owners for a particular campaign as the “Funding Target”, the maximum period for which Campaigns can be made for a Campaign as the “Fundraising Period” and the total value of Campaigns (excluding cancelled Donations) that a Campaigns has received at the end of the Fundraising Period as “Total Donations”. Community Members and other visitors to the site are referred to as “Users” or “you”, as applicable. The Campaign will be deemed to be funded if at the end of the “Fundraising Period”, the Campaign reaches its “Funding Target” by the specified date under the all or nothing payment scheme, or if the Campaign has selected the flexible funding payment scheme where the “Campaign Owners” keeps all the money raised.
All or nothing You only receive the funds raised if you hit your target (if you don't hit target, funds are returned to the supporters). This is best suited for campaigns that need to reach a set target to take place.
1.4 We provide a platform for individuals and organisations registered with Uinspire.co.uk (“Community Members”) to raise funds for campaigns that benefit their community and to contribute to those campaigns by funding them or by contributing their time and skills. The platform allows Campaign Owners to build a community around each Campaign by promoting it on the platform and on certain social media sites to friends, family and other supporters.
1.6 Please read these Terms carefully before you start to use Uinspire.co.uk, as they will govern your use of Uinspire.co.uk, the Campaigns that you create and offer as a Campaign Owner and the Donations you make as a Supporter, as well as the content you post as a Community Member. We recommend that you print or save a copy of these Terms for future reference.
1.7 By using Uinspire.co.uk, you confirm that you accept these Terms and that you agree to comply with them. If you are using Uinspire.co.uk in connection with your organisation, the terms 'you', 'your' or 'your organisation' in these Terms are also a reference to the business, charity institution or other organisation or entity (“Business”) on whose behalf you act when using, registering, supporting or creating a Campaign on Uinspire.co.uk. If you do not want to be bound (or your Business to be bound, where applicable) by these Terms please do not access, use and/or contribute any content to Uinspire.co.uk or interact with its Community Members.
1.8 If you have any queries or concerns regarding these Terms, please contact us using the details in paragraph 11 of Section D, Contact us below.
2. Accessing and using Uinspire.co.uk
2.1 Anyone can access Uinspire.co.uk. However, to post a Campaign and become a Campaign Owner or make a Donation as a Supporter you will need to register as a Community Member by signing up and creating an account. For that purpose, you must be at least 18 years of age or, if higher, the legal age in your jurisdiction and there must be no reason why you should not be in contact with any other Community Members. To create an account, please go to the Login page.
2.2 You are not eligible to use Uinspire.co.uk if we have temporarily suspended or previously terminated your access to the website and we have not expressly authorised you in writing to resume using Uinspire.co.uk.
2.3 We try to make Uinspire.co.uk available at all times, but, of course, we cannot guarantee this. Please see further paragraph 4 of Section D, Promises, liability and disclaimer regarding the availability of Uinspire.co.uk.
4. Account registration
4.1 You can sign up and create your account on the Login page. You can also use the link on that page to create an account with Uinspire.co.uk by linking your Facebook account using the ‘Facebook Connect’ facility. Whether using the standard registration process or registering using Facebook Connect, you will be asked to confirm your acceptance to these Terms.
4.2 You must make sure that all the information you provide when you register with Uinspire.co.uk is true, accurate and current and complete.
4.3 If you change any of your registration details (e.g. email address, postal address), you must update your account.
4.4 Your account is for your personal use only. To help us maintain the security of Uinspire.co.uk, you must keep your login details confidential. Please do not share your login details with any other person or leave your device unattended whilst logged into Uinspire.co.uk as you will be held responsible for all activities that occur under your password or account (with or without your knowledge) as a result of doing so. If you become aware of any misuse or unauthorised use of your login details, then you must inform us immediately by sending an email to us.
4.5 In the event that you have, or we have reason to believe that you have breached, or will breach these Terms, we may terminate or suspend your registration and/or access to Uinspire.co.uk and/or to any content made available on Uinspire.co.uk.
4.6 You can request deletion of your account at any time as long as you do not have any active Campaigns or Donations relating to unexpired Campaigns you have supported. Please email us to request deletion of your account.
4.7 We reserve the right to delete your account. Any personal data or other information associated with your use of Uinspire.co.uk will be held securely and in accordance with the UK Data Protection Act 1998.
B. Creating Campaigns and making Donations.
This section sets out the terms that apply to the campaigns that your create and or the donations or other contributions you make in support of campaigns.
1. Our role
1.1 What we do
1.1.1 We provide an ‘online meeting place’ and platform through which Community Members can raise donation for their community-focused Campaigns or make Donations for Campaigns. By doing so and providing tips and other guidance we facilitate agreement between Campaign Owners and Supporters for Donations on terms agreed between them, subject to the ‘ground rules’ that we put in place to act as safeguards for the benefit of all Community Members.
1.1.2 Although we may from time to time agree to promote and advertise certain Campaigns or help to raise awareness of their Campaign Goals, we will not be involved in the management of or use of Donations in relation to a Campaign.
1.2 What we don’t do
1.2.1 Other than as mentioned above, we do not have any involvement in any arrangements Community Members make with each other through Uinspire.co.uk. We therefore do not accept any responsibility for the nature or quality of a Campaigns nor do we promise that any Community Member, whether Campaign Owner or Supporter, will do as they promise. The arrangements you make are solely private and the contracts relating to Campaigns are made directly between the individual parties concerned. Accordingly, when using Uinspire.co.uk, you take full responsibility for your arrangements with other Community Members whom you contact and the nature, terms and extent of your arrangements with them and obligations to them.
1.2.2 We do not verify the identity of anyone who becomes a Community Member nor the information they provide about their Campaign or themselves. We cannot therefore give any guarantee that any of the Community Members are who they say they are or that the information they provide is accurate, complete or true. Consequently, we make no recommendation or representations in relation to any Community Members or their Campaigns.
2. Campaign owners
2.1 Creating and updating Campaigns
2.1.1 Once you have registered as a Community Member, you can create and post details of your Campaign to a publically accessible webpage on Uinspire.co.uk (“Donate Page”) using the functionality we provide.
2.1.2 We have specific rules regarding the types of Campaigns that you can post on Uinspire.co.uk. Please see our Campaigns Guidelines which contain these rules and form part of our Terms.
2.1.3 You may not raise funds via another online crowdfunding or similar platform (whether website or App) during the Funding Period of your Campaign and all Donations from Community Members must be made through Uinspire.co.uk. Otherwise, unless we specifically agree otherwise in writing, you are not obliged to raise funds for your Campaign exclusively via Uinspire.co.uk which means you are free to raise funds using other means and channels and source of finance.
2.1.4 Although we recommend you have no more than one active Campaign at any one time, we permit you to post as many active Campaigns as you like.
2.1.5 There is no limit on the Funding Target you select for each Campaign. If you are a Business that is registered for VAT, please take this into account when calculating the Funding Target for your Campaign.
2.1.6 For All or nothing and Keep what you raise Campaigns the minimum Fundraising Period is 4 weeks and the maximum is 16 weeks unless specifically agreed by us otherwise in writing.
2.1.7 Your Campaign may take up to 3 working days before it goes live and your Campaign Profile Page is made available on Uinspire.co.uk. From time to time, we may provide a Uinspire Team Members (“Team Members”) to provide guidance relating to your Campaign and offer tips for marketing and press exposure. If we do so, your Team Member will usually be assigned to you with 24 hours of submitting your Campaign details. Please note that Team members provide general guidance and information only and neither they nor us will be liable to you in connection with the Campaign Goal, any Campaign, performance and/or promotion and marketing of your Campaign, which remain solely your responsibility. Please see the About Us page for further information regarding our Team Members.
2.1.8 Once you have submitted your Campaign details for posting you cannot change its Campaign Goal, the Campaign Target or the Fundraising Period.
2.1.9 You may post content and other material (e.g. promotional material such as a video containing your Campaign) and post Campaign updates to keep Supporters updated on the performance of your Campaign. Please see further paragraph 1 of Section C, About the content you and others provide to Uinspire.co.uk, for the rules relating to the content you post on Uinspire.co.uk.
2.1.10 If you are using 'All or nothing' You may withdraw a Campaign at any point before the end of the Fundraising Period. Once you have done so, you will not be entitled to any Donations when you withdraw. You also will not be able to resume that Campaign at a later date whilst retaining any of the Donations you had received at the time of withdrawal. If you are using 'Keep what you raise' You may withdraw a Campaign at any point before the end of the Fundraising Period. Once you have done so, you will be entitled to any Donations when you withdraw. You will not be able to resume that Campaign at a later date whilst retaining any of the Donations you had received at the time of withdrawal. If you are using 'Forever funding' You may withdraw a Campaign at any point. Once you have done so, you will be entitled to any Donations when you withdraw. If you are using 'Instant payments' You may withdraw a Campaign at any point. Once you have done so, you will be entitled to any Donations when you withdraw.
2.1.11 We reserve the right, but are not obliged, to attempt to verify your identity and other information you provide to us and to reject, cancel, interrupt, remove, or suspend an active Campaign at any time and for any reason. In particular, Campaigns or Donations that are flagged to us as fraudulent by Supporters or our third party payment providers will be subject to review. If we find fraudulent Donations have been made to your Campaign, we will cancel those Donations and the details of the associated Supporter from your Campaign Profile Page. If, in our sole discretion, we determine your Campaign to be a high fraud risk we may also ask you for more information and you agree to respond to such requests and provide such information within a reasonable time. We or our payment providers may also perform an examination before any funds are distributed to you. We will not be liable to you for any losses that you suffer or incur as a result of us taking any of the actions in this paragraph 2.1.11.
2.1.12 If your Campaign closes unsuccessfully you may choose to recreate your Campaign and repost it for submission.
2.2 Offering Rewards
2.2.1 The minimum Donation amount is £10.00, the maximum amount for PayPal is £15,000, Stripe £10,000 and GoCardless is £100,000.
2.3 Fees payable by Campaign Owners and receiving funds
2.3.1 There is no charge for creating a Campaign and publishing details of the Campaign on Uinspire.co.uk nor are there any fees payable if your Campaign does not close successfully.
2.3.2 If your Campaign reaches, exceeds your Campaign Target or is raising under the Flexible funding scheme at the end of its Fundraising Period, or is raising under the Forever funding or Instant payments schemes the following fees will be deducted from the Total Donations received for your Campaign before they are distributed to you:
(a) our fee of 5% plus VAT of the Total Donations received from Supporters for your Campaign; and
(b) in respect of each Donation made by Supporters using GoCardless and Stripe. GoCardless charge a fee of 0.5% plus VAT on each Donation. Stripe charge a fee of 1.4% 20p per Donation for UK issued cards (Visa, Mastercard and American Express) and 2.9% 20p per Donation for non-UK issued cards. Please note that these fees are collected by GoCardless and Stripe directly. Please see paragraph 3.4 of this Section B, Payment Methods for further details regarding the payment services provided by GoCardless and Stripe.
2.3.3 In relation to Donations made by Supporters using PayPal, PayPal charge a fee of 3.4%20p on each Donation. Fees may vary in certain countries. These fees are collected by PayPal directly and then paid to Uinspire Limited.
2.3.4 All fees payable by Campaign Owners are subject to Value Added Tax (“VAT”) at the rate in force from time to time (currently 20%). Please note that VAT is assessed on the above fees and not the Total Donations raised and you are solely responsible for ensuring that you are registered for VAT or similar sales tax as required by the applicable laws of the jurisdiction in which your Business is established.
2.3.5 For ‘All or nothing’ Campaigns if the Total Donations meet or exceed the Funding Target at the end of the Fundraising Period, or the Total Donations raised during the week for Forever funding Campaigns, the amounts due to Campaign Owners, calculated in accordance with paragraph 2 of this Section B, will be transferred to Campaign Owners as follows:
(a) in respect of Donations paid by Supporters using PayPal, within approximately 24 hours of the end of the Fundraising Period to the PayPal account specified by the Campaign Owner;
(b) in respect of Donations paid by Supporters using GoCardless, within approximately 5 working days to the bank account specified by the Campaign Owner.
(c) in respect of Donations paid by Supporters using Stripe, within approximately 7 working days to the bank account specified by the Campaign Owner.
For ‘Keep what you raise’ Campaigns at the end of the Fundraising period, or if the Campaign owners chooses to ‘Close and collect’ then the amounts due to Campaign Owners, calculated in accordance with paragraph 2 of this Section B, will be transferred to Campaign Owners as shown above.
For ‘Instant payments’ Donations will be transferred to Campaign Owners as shown above.
2.3.6 Please note that the above timescales are estimates only and there may be a delay between the end of the Fundraising Period for a successful Campaign and your access to any funds.
2.4.1 Supporters may fail to fulfil payment of Donations and you acknowledge that their payment of Donations is entirely outside of our control. Consequently, we cannot guarantee and shall have no liability to any Campaign Owner for their failure to receive any funds Donated by Supporters in relation to their Campaign(s) via Uinspire.co.uk.
2.4.2 In the event we are unable to verify any information to our satisfaction, we may delay, withhold, cancel or refund any Donations or other amounts without giving any notice to you and do so without incurring any liability to you.
2.4.3 Campaign Owners may contact Uinspire.co.uk to cancel any Donation for any reason and at any time before the Fundraising Period.
2.4.4 Under the All or Nothing funding payment scheme, if your Campaign does not reach its Fundraising Target by the end of the Fundraising Period, any Donations made by Supporters for the Campaign will be cancelled and you will not be entitled to receive any funds in respect of them.
2.4.5 Under the Flexible funding payment scheme, any Donations made by Supporters for the Campaign will be processed and given to you the Campaign Owner. Irrespective of your Campaign reaching its Fundraising Target by the end of the Fundraising Period.
2.4.6 Under the Forever funding payment scheme, any Donations made by Supporters for the Campaign will be processed weekly and given to you the Campaign Owner. Irrespective of your Campaign reaching its Fundraising Target.
2.4.7 Under the Instant payments scheme, any Donations made by Supporters for the Campaign will be processed immediately and given to you the Campaign Owner. Irrespective of your Campaign reaching its Fundraising Target.
2.5 Campaign Owners’ Obligations
2.5.1 As a Campaign Owner, you shall:
(a) apply any funds you receive from Supporters solely and directly for the purposes of achieving the Campaign Goals and use them for no other purposes;
(b) meet all commitments you make in your Campaign including, but not limited to, delivering all promises you offer to Supporters;
(c) use all reasonable endeavours to fulfil each promises by the estimated fulfilment or delivery date (as applicable) specified by you on the applicable Campaign Profile Page.
(d) promptly and accurately respond in full and to our satisfaction to all queries, clarifications or requests made by us and/or any Supporter;
(e) not use any personal information we share with you in connection with a Supporter for any reason other than fulfilling a promise or contacting them in relation to the Campaign for which they have made a Donation;
(f) promptly contact and work with Supporters to reach a mutually satisfactory resolution, which may include refunding their Donations if you are unable to fulfil any of your commitments (including providing any Refund);
(g) comply with all applicable laws and regulations in relation to your Campaign, your use of Donations and offer of and fulfilment of Rewards;
(h) be responsible for paying all fees and collecting and remitting all applicable taxes (including income tax and VAT or similar taxes) connected with your use of Uinspire.co.uk, the Donations you receive.
(i) not take (or refrain from taking) any action or make any business or other decision in reliance on having your Campaign posted on Uinspire.co.uk or on having any funds from Donations until you have the received clear funds into your bank account.
List the type of rewards you’re offering in exchange for each donation amount.
Include a disclaimer on your campaign site and marketing material that you will make a best effort to provide the reward but delivery is not guaranteed.
Please note, however, that as per section 2.5.1 (b), Campaign Owners are expected to deliver all Rewards which are offered to Supporters.
3.1 Types of contribution
3.1.1 Supporters can contribute to a Campaign by:
(a) making a Donation; and/or
(b) by offering their time and skills to a Campaign Owner by sending a private message to them using the internal messaging feature on Uinspire.co.uk. If you offer your time and skill you do so at your own risk and will be solely responsible for any arrangements you make with Campaign Owners in connection with the provision of the services that you offer.
3.1.2 You acknowledge that your contribution (whether financial or otherwise) does not entitle you to any rights in or to any Campaign, including any ownership, control or intellectual property rights.
3.2 Making a Donation.
3.2.1 Once you have registered as a Community Member, you can make a Donation by visiting the Campaign Donate Page of a Campaign, selecting the amount you wish to contribute, then selecting your payment method and submitting payment.
3.2.2 Your username will be made publicly available in connection with each Campaign for which you make a Donation under the ‘Supporters’ tab of the Campaign Donate Page unless you choose to make a Donation anonymously.
3.3 Payment methods
3.3.2 When paying using GoCardless, you will be prompted to set up a direct debit mandate from your bank account. Please note that we do not at any time receive or hold any GoCardless monies that are contributed by you for distribution to Campaign Owners. We are therefore not responsible for distributing funds to Campaign Owners nor for issuing refunds.
If you Donated on an All or nothing Campaign your GoCardless Donation will only be taken if the Campaign you backed is deemed funded at the end of the Funding Period. It will then be taken from your GoCardless or bank account. GoCardless will debit an amount equivalent to your Donation and release those funds (less our Campaign success fees) to the Campaign Owner. On All or nothing Campaigns if the Funding Period ends without the Campaign deemed funded, no funds will be taken from your account in respect of that Campaign.
If you Donated on a Keep what you raise Campaign your GoCardless Donation will be taken at the Campaign close date.
If you Donated on a Forever funding Campaign your GoCardless Donation will be taken within 7 business days.
If you Donated on an Instant payment Campaign your GoCardless Donation will be taken immediately.
3.3.3 When paying using PayPal, you will be prompted to make a pre-authorised payment from your PayPal account. Please note that we do not at any time receive or hold any PayPal monies that are contributed by you for distribution to Campaign Owners. We are therefore not responsible for distributing funds to Campaign Owners nor for issuing refunds.
If you Donated on an All or nothing Campaign your PayPal Donation will only be taken if the Campaign you backed is deemed funded at the end of the Funding Period. It will then be taken from your PayPal or bank account. PayPal will debit an amount equivalent to your Donation and release those funds (less our Campaign success fees) to the Campaign Owner. On All or nothing Campaigns if the Funding Period ends without the Campaign deemed funded, no funds will be taken from your account in respect of that Campaign.
If you Donated on a Keep what you raise Campaign your PayPal Donation will be taken at the Campaign close date.
If you Donated on a Forever funding Campaign your PayPal Donation will be taken within 7 business days.
If you Donated on an Instant payment Campaign your PayPal Donation will be taken immediately.
3.3.4 When paying using Stripe, you will be prompted to make a pre-authorised payment from your card. Please note that we do not at any time receive or hold any Stripe monies that are contributed by you for distribution to Campaign Owners. We are therefore not responsible for distributing funds to Campaign Owners nor for issuing refunds.
If you Donated on an All or nothing Campaign your Stripe Donation will only be taken if the Campaign you backed is deemed funded at the end of the Funding Period. It will then be taken from your card. Stripe will debit an amount equivalent to your Donation and release those funds (less our Campaign success fees) to the Campaign Owner. On All or nothing Campaigns if the Funding Period ends without the Campaign deemed funded, no funds will be taken from your account in respect of that Campaign.
If you Donated on a Keep what you raise Campaign your Stripe Donation will be taken at the Campaign close date.
If you Donated on a Forever funding Campaign your Stripe Donation will be taken within 7 business days.
If you Donated on an Instant payment Campaign your Stripe Donation will be taken immediately.
3.4 Fees payable by Supporters
3.4.1 If you choose to pay a Donation by using GoCardless, then no processing fees are payable in addition to your Donation amount.
3.4.2 If you choose to pay a Donation by PayPal then no processing fees are payable in addition to your Donation amount. Please note that if you are paying in a currency other than GBP you may be charged additional fees by PayPal when making payment. If in doubt, please check the PayPal website for details of such fees before making any Donations.
3.4.3 If you choose to pay a Donation by Stripe, then no processing fees are payable in addition to your Donation amount. Please note that if you are paying in a currency other than GBP you may be charged additional fees by Stripe when making payment. If in doubt, please check the Stripe website for details of such fees before making any Donations.
3.5 Cancelling a Donation and Refunds
3.5.1 You may cancel a Donation on an All or nothing or Keep what you raise Campaign without charge at any time before the end of the Funding Period for a Campaign, whether it has reached its Fundraising Target or not. For a Forever funding Campaign you may cancel a Donation within the 7 day window before we collect the monies, so if a Campaign went live on Monday we would collect the monies the following Monday, and you are able to cancel your Donation in that period. For an Instant payments you are unable to cancel a Donation once made.
3.5.2 If a Campaign for which you have made a Donation is not deemed funded by the end of the Fundraising Period and is under the All or Nothing funding scheme, your Donation will be cancelled automatically.
3.5.3 You may not cancel your Donation once a Campaign’s Fundraising Period has ended if at the end of that period the Campaign is deemed funded. This does not affect your statutory or legal rights. Advice about these rights is available from your local Citizens' Advice Bureau or Trading Standards office. Please see further paragraph 4.1 of this Section B, The contract between Campaign Owners and Supporters.
3.6 Supporters’ Obligations
3.6.1 As a Supporter, you shall:
(a) ensure that you have sufficient funds or credit available at the end of the Funding Period of the applicable Campaign for payment of the Donation;
(b) promptly respond to a Campaign Owner following a request for information reasonably required by the Campaign Owner to fulfil a promise that you have chosen at the time you made your Donation;
(c) comply with the terms and conditions for the payment processing services provided by our third party payment providers (please see paragraph 3.3 in this Section B, Payment Methods, for further details regarding those providers and the applicable terms and conditions); and
(d) ensure that any funds used to make Donations will not result in a breach of applicable law.
4. Other important terms
4.1 The contract between Campaign Owners and Supporters
4.1.1 The contract relating to the provision of funds from Donations and the fulfilment of promises is made solely between a Campaign Owner and Supporters, subject always to these Terms. By making a Donation, a Supporter is making an offer to enter into a contract with the applicable Campaign Owner provided that the Campaign Owner is deemed funded at the end of the Funding Period.
4.1.2 The following steps have to take place before a contract is made between the Supporter and the Campaign Owner:
(a) after signing into their account the Supporter makes a Donation by submitting their payment details for processing and clicking “Make a Donation with obligation to pay”. Before making their Donation, the Supporter will have the opportunity to review the Donation amount and any related Promises and, if necessary, to amend these details; and
(b) the Supporter will see an on-screen acknowledgement of their Donation and receive an email confirming details of the Donation made, to the email address provided by the Supporter.
4.1.3 The Campaign Owner accepts the Supporter’s offer, and a binding contract is made between them, at the time the Funding Period ends and the Campaign is deemed funded, or if the Total Donations are equal to or exceed the Funding Target, or if the Campaign is using Forever funding, or if the Campaign is using Instant payments. Accordingly, nothing that we or the Campaign Owner says or does will amount to any acceptance of a Supporter’s offer until this occurs.
4.2 Interest on Donations
4.2.1 Any interest on Donations or other funds held by us shall accrue to our benefit and neither Campaign Owners nor Supporters shall be entitled to such interest in relation to distributed funds or refunded Donations.
4.3 Publication and sharing of personal information relating to Supporters with Campaign Owners
C. Terms that apply to all community users
1. About the content you and other users provide to Uinspire.co.uk
1.1 The rules of the Uinspire.co.uk community
1.1.1 The following rules apply to your use of the community features contained on Uinspire.co.uk:
(a) Any content which you and other users post or contribute to Uinspire.co.uk using its community features (including content you upload to your Campaign Profile Page, comments you make on Campaigns Profile Pages, internal messages and Campaign updates) is generally known as “user generated content” or “UGC” for short. Paragraphs 1.1.2 to 1.2.1 below in this Section C set out the rules for contributing content, how we and other users may use your UGC and how you can use their UGC.
(b) Obviously we positively encourage Community Members to make full use of Uinspire.co.uk and in particular to participate in the Uinspire.co.uk community. However, to ensure that everyone has an enjoyable and satisfying experience, we require that you abide by the guidelines set out in these rules:
1.1.2 You agree to ensure that:
(a) you only contribute UGC to Uinspire.co.uk if you know that you have the necessary rights to do so. By contributing UGC to Uinspire.co.uk, whether text, images, video, sound recordings or other material, you are promising to us and to other users that: (i) you either own any copyright in that content or that you have obtained the necessary right(s) to make the content available through Uinspire.co.uk in accordance with these Terms and permit its use via Uinspire.co.uk and in our newsletters and that such permissions are freely available on demand by us should we require; and (ii) you will not be infringing anyone’s intellectual property or other rights or breaching any law or regulation (including data protection and privacy laws), by contributing that content and by allowing it to be used in the ways described in these Terms. If you are in doubt about whether you have permission to post your UGC, please do not upload or post it to Uinspire.co.uk.
(b) all information provided by you via Uinspire.co.uk or which you provide to other Community Members or in connection with any Campaign is accurate, true and up to date in all respects and at all times and is not misleading in any way;
(c) all content posted by you is lawful and not defamatory, abusive, threatening, harassing, obscene, discriminatory, or otherwise objectionable or embarrassing to any other person as determined by us in our sole discretion;
(d) you will use Uinspire.co.uk and any information and content obtained from it lawfully and only for the purposes for which it has been provided and in accordance with these Terms;
(e) you will not harass or mislead or act unlawfully towards any person that you have contacted via Uinspire.co.uk or disclose or use any contact information that they may provide to you without their consent;
(f) you will cease to contact anyone that you have contacted via Uinspire.co.uk immediately if they request you to do so; and
(g) any content you upload is not in breach of any copyright or other intellectual property rights owned by a third party and, in the case of any photos or videos that identify individuals, that you have their full permission to make their image available through Uinspire.co.uk and to permit use of such content and image by any third parties we may authorise under these Terms. In the case of children, you will need to obtain prior permission to use their image from their parents or guardians.
1.1.3 You may not:
(a) distribute or post spam, in particular by sending unsolicited marketing messages to other Community Members, or distribute or post chain letters, unsolicited loans (Uinspire.co.uk strongly recommends that you do not make contact with members offering you unsolicited loans. Uinspire.co.uk cannot be liable for any losses incurred if you choose to ignore this advice) or pyramid schemes;
(b) distribute viruses or any other technologies that may harm Uinspire.co.uk or the interests of users of Uinspire.co.uk or Community Members or otherwise interfere with or disrupt our servers;
(c) post or transmit any advertisements for or solicitations of business;
(d) after receiving a warning, continue to disrupt the normal flow of dialogue, or post or transmit comments that are not related to the topic being discussed;
(e) except as permitted under these Terms, copy, modify, or distribute our content or trade marks from Uinspire.co.uk or Community Members’ copyright material and trademarks or any content or trade marks owned by a third party unless you have their explicit permission;
(f) harvest or otherwise collect or use information about Community Members without their explicit consent;
(g) impersonate another Community Member or falsely state or otherwise misrepresent your affiliation with a person or entity;
(h) allow any other person or entity to use your log in details or account for posting or viewing comments or for communicating with other Community Members;
(i) continue to use Uinspire.co.uk if your access to Uinspire.co.uk has been suspended or your account terminated; or
(j) engage in any other conduct that restricts or inhibits any other persons from using or enjoying Uinspire.co.uk, or which, in our judgment, exposes us to any liability or detriment of any type.
1.1.4 Please note that any posting of information or sending of internal messages on or via Uinspire.co.uk is the opinion of the person posting or sending only and does not necessarily reflect our opinions or attitudes.
1.2 Who can use your UGC and how they can use it
1.2.1 When you contribute UGC to Uinspire.co.uk:
(a) you are granting us unlimited, non-terminable and free permission (including the right to sub-licence that permission) to use, re-use, copy, adapt, abridge, amend, distribute, modify, translate, publish, perform, display, develop, reproduce, communicate to the public and to make your UGC otherwise available in any form and/or by any media (whether now known or hereafter devised), including through any on-demand or broadcast service, whether on a commercial or non-commercial basis anywhere in the world. By way of example only, this will include permission to;
· make all or any part of your UGC available through Uinspire.co.uk to other users of Uinspire.co.uk;
· include certain UGC in our newsletters;
· allow any third parties authorised by us to reproduce, display, publish, communicate, perform and/or embed activity and content on their platforms, including their websites and applications; and
· allow third parties to link to pages on Uinspire.co.uk which contain your UGC.
(b) you are granting to every other user of Uinspire.co.uk unlimited, non-terminable and free permission to use all or any part of your UGC on the same terms as you are permitted to use their UGC as described in the paragraph 1 of Section D below, Our content.
1.3 Monitoring your UGC
1.3.1 We are not involved in any arrangements made between users. Any postings on Uinspire.co.uk and the uploading of any photos, pictures, videos, animations or other audio-visual material to Uinspire.co.uk by Community Members does not constitute any form of recommendation, representation, endorsement or arrangement by us. In particular we have no control over and are not responsible for the truth or accuracy of any content, its compliance with any legal or regulatory requirement or its quality or safety. Please contact Uinspire.co.uk if you have any concerns about the content of any information seen on the website.
1.3.2 Please note that any information posted via the functionality available on Uinspire.co.uk is the opinion of the person posting only. If you rely on the information posted, you do so at your own risk. Although we have rules for the posting of content, it is possible that our interactive features could be susceptible to misuse. We ask all users to contact us in respect of any suspicion of misuse.
2. Exchanging personal information with other users
2.1 Disclosing personal information
2.1.1 Please be careful when using Uinspire.co.uk and any community facilities that you do not reveal any information from which you can be personally identified by other users such as your home or work contact details, your last name or where you live except in accordance with these Terms and where you feel comfortable revealing such personal information to such persons. You should in any event only reveal such personal information via secure communications that cannot be viewed by other people.
2.2 Receiving personal information
3. Misuse of the site
3.1 We may (but are not obliged to) monitor the use of the community facilities from time to time however we still rely on you to inform us if you spot any abuse or inappropriate behaviour, in which case we may review specific postings. If you feel you have been threatened, damaged or abused in our community or via our communication systems or if you believe any infringement of your rights may have occurred through Uinspire.co.uk please contact us.
3.2 We reserve the right (but we are not obliged) to do any or all of the following:
· record the content (including any communications), the Uinspire.co.uk community or in our communication systems;
· investigate a claim that any one or more items of content do not comply with the community rules set out under paragraph 1 of this Section C, About content you and others provide to Uinspire.co.uk, and determine in our sole discretion to remove or request the removal of the content;
· remove without notice any content that is abusive, illegal, or disruptive, or that otherwise fails to conform with these Terms;
· terminate a user's access to post content;
· monitor, edit, or disclose any content;
· edit or remove any content posted on Uinspire.co.uk, regardless of whether such content breaches these Terms;
· suspend or terminate your access to Uinspire.co.uk.
3.3 If you disagree with a decision made by us, you should email your appeal to us. You must not use the community facilities to dispute or argue about any decision we make.
3.4 Any decision we make to remove or request the removal of any content or to terminate or suspend any accounts shall be final. The termination or suspension of an account shall apply to any and all user accounts that may have been used by a user.
4. Disputes between Community Members
4.1 We are under no obligation to become involved in disputes between any Community Members, or between Users and any third party arising in connection with the use of Uinspire.co.uk. This includes, but is not limited to, the fulfilment of Promises or other commitments and services, and any other terms, conditions, warranties, or representations associated with Campaigns on the Uinspire.co.uk. We do not monitor and are not liable to you for the performance or punctuality of Campaigns nor do we endorse them.
4.2 We will co-operate with any law enforcement authorities in any investigations arising out of your dispute with another Community Member.
D. General provisions
This section sets out the terms that apply to everyone who uses Uinspire.co.uk.
1. Our content
1.1 All of the content on Uinspire.co.uk is owned by (and all copyright, trade mark and other intellectual property rights in that content shall at all times remain vest in) us or our licensors and is protected by UK and international copyright and other intellectual property laws.
1.2 Our content includes any information or other material found on or via Uinspire.co.uk, including without limitation text, databases, graphics, videos, software and all other features found on or via Uinspire.co.uk.
1.3 We make Uinspire.co.uk, our content and any UGC available through Uinspire.co.uk for your personal, non-commercial use only (please see paragraph 1 of Section C, About the content you and others provide to Uinspire.co.uk for further details about the UGC that we make available through Uinspire.co.uk). You may view Uinspire.co.uk’s pages and content online and print a copy of these Terms for your records. You may not otherwise reproduce, modify, copy or distribute or use any of the content on Uinspire.co.uk without our prior written consent.
1.4 To be clear, you are not in any circumstances permitted to:
1.4.1 make commercial use of any such content except in the case of your own UGC which you may use for the purposes of providing information in connection with your Campaign on the Campaign Profile Page and/or your Business (if applicable);
1.4.2 edit any such content; or
1.4.3 remove, obscure or otherwise tamper with any copyright and proprietary notices that relate to, or are contained within, the content.
1.5 The trade marks, logos and brands appearing on Uinspire.co.uk are owned by us or our licensors. No permission is given in respect of the use of any of these marks, logos or brands, and any such use may constitute an infringement of the holder’s rights.
2. Third-party software
2.1 You acknowledge that you may need to download and activate certain software in order to use certain content available on Uinspire.co.uk. This software will be clearly identified on Uinspire.co.uk.
2.2 In order to use such third-party software or technology, you may have to accept the terms of a licence agreement with that third party. You acknowledge that we have no responsibility or control over such third-party software.
3.1 You acknowledge that Uinspire.co.uk may include links to third-party websites. We do not review these third-party websites nor have any control over them, and we are not responsible for the websites or their content or availability.
3.2 We do not therefore endorse, or make any representations about them, or any content found there, or any results that may be obtained from using them.
3.3 If you decide to access any of these third-party websites, you do so entirely at your own risk.
3.5 You may only link to Uinspire.co.uk provided that:
3.5.1 the homepage is not loaded into frames on your website, unless we expressly agree; and
3.5.2 your site or services does not misrepresent its relationship with us or present false information about us or otherwise harm our business or conflict with our interests or values;
3.5.3 We reserve the right to withdraw linking permission to any time without prior notice.
4. Promises, liability and disclaimer
4.1 We promise that we will operate Uinspire.co.uk with reasonable skill and care. Otherwise, the content and services available on Uinspire.co.uk are provided on an ‘as is’ and ‘as available’ basis. To the fullest extent permissible under applicable law and subject to this paragraph 4.1 and paragraph 4.3 of this Section D, we disclaim any and all promises, warranties, conditions, or representations relating to Uinspire.co.uk and its content, whether express, implied, oral or written. In particular:
4.1.1 We do not make any promises as to the truth, accuracy, integrity, quality or completeness of the content or information that appears on Uinspire.co.uk and you should not rely on it being accurate, truthful or complete.
4.1.2 We are not responsible for verifying the ownership of any content posted or uploaded onto Uinspire.co.uk.
4.1.3 Any posting of comments or information on Uinspire.co.uk is the opinion of the person posting only and in no way reflects our opinions or attitudes, nor constitutes any form of recommendation, representation, endorsement or arrangement by us. To be clear, each user acts on his/her own behalf at all times and does not act as our representative or agent in any way.
4.1.4 We cannot guarantee and shall not be liable to you in relation to the performance or reliability of the PayPal, Stripe and GoCardless online payment processing services.
4.1.5 You agree that your access and use of Uinspire.co.uk and its content is at your own risk. We do not have any knowledge of, or control over, the particular purpose(s) for which the information and content available on Uinspire.co.uk is used. The content and information that we make available on Uinspire.co.uk is provided for information only. Accordingly, we exclude any and all liability for any loss of any nature suffered by you as a direct or indirect result of your use of any of the information or content available on Uinspire.co.uk or of making any decision, or refraining from making any such decision, based wholly or partly on any expression of opinion, statement or other information contained in the content available on Uinspire.co.uk.
4.1.6 By using Uinspire.co.uk you acknowledge and accept the inherent risks, characteristics and limitations of the internet, particularly in terms of technical performance of Uinspire.co.uk, response times to view, verify or transfer information; and the risks inherent in all third party links, connections and transfers via the internet. Accordingly:
a) We do not make any promises about the availability or accessibility of Uinspire.co.uk or promise that your access to Uinspire.co.uk, the content on it or the services we provide will be delivered uninterrupted, timely or error-free;
b) We are not responsible for any data or information uploaded by any Users including any content posted, uploaded or published on Uinspire.co.uk. It is your responsibility to make backup copies of any of the content you post, upload or publish on Uinspire.co.uk and we strongly recommend that you do so;
c) We make no promises in respect of any harm that may be caused by the transmission of a computer virus, worm, time bomb, Trojan horse, cancelbot, logic bomb or any other form of programming routine designed to damage, destroy or otherwise impair a computer's functionality or operation including transmission arising from your download of any content, software you use to download the content, Uinspire.co.uk or the server(s) that make it available. In this respect you agree that it is your responsibility to install suitable anti-virus and security software on your computer hardware and other devices to protect against any such bugs, viruses or other such harmful programming routines. Any content downloaded or otherwise obtained through the use of Uinspire.co.uk is done at your own risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such content;
d) Whilst we hope that you will find the websites linked to on Uinspire.co.uk of interest, no responsibility of any nature whatsoever is accepted for any such links or any information contained in them.
4.2 If you are dealing with us and Campaign Owners as a Community Member, you have certain rights, including in relation to the Rewards that you receive from Campaign Owners. Nothing in these Terms will reduce these legal rights. For further information about your legal rights, please contact your local authority Trading Standards Department or Citizen’s Advice Bureau.
4.3 There are certain liabilities which we cannot exclude by law and nothing in these Terms excludes or limits our liability for the following:
4.3.1 for death or personal injury caused by its negligence, fraud or fraudulent misrepresentation; or
4.3.2 any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude its liability.
4.4 We will not be responsible or liable if we are prevented or delayed from complying with our obligations under these Terms by anything you (or anyone acting on your behalf) does or fails to do or due to events or circumstances beyond our reasonable control (as further detailed in paragraph 9.3 of this Section D).
4.5 Subject to paragraph 4.3:
4.5.1 IF YOU ARE A COMMUNITY MEMBER THEN IF EITHER WE OR YOU FAIL TO COMPLY WITH THESE TERMS, NEITHER OF US SHALL BE RESPONSIBLE FOR ANY LOSSES THAT THE OTHER SUFFERS AS A RESULT, EXCEPT FOR THOSE LOSSES WHICH ARE A FORESEEABLE CONSEQUENCE OF THE FAILURE TO COMPLY WITH THESE TERMS. LOSSES ARE FORESEEABLE WHERE THEY WERE CONTEMPLATED BY YOU AND US AT THE TIME YOU ACCEPT THESE TERMS; AND
4.5.2 IF YOU ARE A CAMPAIGN OWNER THEN WE WILL UNDER NO CIRCUMSTANCES BE LIABLE TO YOU, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, OR OTHERWISE, ARISING UNDER OR IN CONNECTION WITH THE CONTRACT FOR:
(a) ANY LOSSES RELATED TO ANY BUSINESS OF YOURS INCLUDING BUT NOT LIMITED TO LOST DATA, PROFITS, REVENUE, SAVINGS, BUSINESS, OPPORTUNITY, GOODWILL, REPUTATION, BUSINESS INTERRUPTION OR ANY PURE ECONOMIC LOSS (IN EACH CASE, WHETHER SUCH LOSS IS DIRECT OR INDIRECT); O
(b) ANY FORM OF INDIRECT, CONSEQUENTIAL OR SPECIAL LOSS,
IN EACH CASE FOR (a) AND (b), HOWEVER ARISING; AND
(c) ANY DIRECT LOSS (FOR WHICH LIABILITY IS NOT EXPRESSLY EXCLUDED IN THESE TERMS) IN EXCESS OF THE TOTAL AMOUNT OF FEES WE HAVE RECEIVED IN RESPECT OF THE CAMPAIGN TO WHICH YOUR CLAIM RELATES (WHETHER IN RESPECT OF A SINGLE EVENT, SERIES OF CONNECTED EVENTS OR OF UNCONNECTED EVENTS); OR IF NO FEES WERE PAID, IN EXCESS OF £100.
5.1 You agree only to use Uinspire.co.uk in accordance with these Terms. You agree that you will compensate us (and our employees, officers, agents and suppliers) in full for any damages, losses, costs and expenses, including reasonable legal fees we incur that arise out of any breach by you of these Terms (including as a result of any UGC that you post to Uinspire.co.uk or any actions you take which disrupt access to and/or the functioning of Uinspire.co.uk) or any liability we incur as a result of the use of Uinspire.co.uk by you and any other person that uses your account with your permission or as a result of your negligence.
6. Copyright complaints
6.1 We respect the intellectual property rights of others, and we prohibit users of Uinspire.co.uk from submitting, uploading, posting or otherwise transmitting any materials that infringe or violate another person’s intellectual property rights.
6.2 It is our policy to comply with clear notices of alleged copyright infringement. If you wish to submit a notice of alleged copyright infringement or a counter-notice, please contact us using the details provided in paragraph 11 of this Section D.
6.3 Additionally, it is our policy to terminate usage rights and any applicable accounts of Community Members we determine to be repeat infringers of others’ copyrights. Please see paragraph 3.2 of Section C for further details.
6.4 Content hosted on third-party websites accessible from Uinspire.co.uk is the responsibility of those websites, and not our responsibility. If you are the copyright owner of content hosted on a third-party website, and you have not authorised the use of your content, please contact the administrator of the hosting website directly to have the content removed.
7. General complaints and requests for further information
7.1 We want to give you great customer service but sometimes things do go wrong. We can usually resolve most issues quickly, so please email us to tell us how we can help.
7.2 If you have any general complaints or wish to request further information about Uinspire.co.uk, please contact us via email or by post to the address set out under paragraph 11 of this Section D, Contact us, and we will do our best to resolve these.
Any complaint made will be acknowledged within 48 hours. We deal with all promptly and fairly, seriously and will investigate the matter fully. If the complaint concerns an individual, the complaint will not be investigated by the person who the complaint relates to. We will write to you with the outcome of our investigation within 8 weeks of the complaint being received.
8. Written communications
8.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using Uinspire.co.uk, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on Uinspire.co.uk. For contractual purposes, you agree to this electronic means of communication and you 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. This condition does not affect your statutory rights.
9.1 Severability. If any part of these Terms is found to be unenforceable as a matter of law, all other parts of these Terms will not be affected and shall remain in force. For the avoidance of doubt, should these Terms or any part of them be deemed void or voidable, this shall not affect the validity of any licence provided under these Terms (including for use of your UGC).
9.2 Entire Agreement. These Terms govern our relationship with you and represent our entire agreement with you.
9.3 Events or circumstances beyond our reasonable control. If we are prevented or delayed from complying with our obligations under these Terms by anything you (or anyone acting on your behalf) does or fails to do or due to events or circumstances beyond our reasonable control, we will not be deemed to be in breach of contract. Such circumstances include, but are not limited to, fire, flood and other acts of God, strikes, trade disputes, lock outs, restrictions of imports or exports, riot, accident, disruption to energy supplies, civil commotion, acts of terrorism or war.
9.4 References to ‘including’ and other similar expressions. In these Terms, words that appear after the expression ‘include’, ‘including’, ‘other’, ‘for example’, ‘such as’ or ‘in particular’ (or any similar expression) will not limit the meaning of the words appearing before such expression.
9.5 Assignment. You may not assign, sub-license or otherwise transfer any of your rights under these Terms.
9.6 Waiver. If you breach these Terms and we choose to ignore your breach, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach the Terms again.
9.7 Exclusion of third party rights. These Terms do not create any right enforceable by any person who is not a party to them or any Contract made under them, except that the provisions of these Terms may be enforced by any of our licensors subject to and in accordance with the Contracts (Rights of Third Parties) Act 1999.
9.8 Language. These Terms may be presented to you in more than one language. However, the English language version of these Terms shall prevail. All contracts made under these Terms will be concluded in English.
9.9 Territory. Uinspire.co.uk is controlled and operated from the United Kingdom. If you choose to access Uinspire.co.uk from outside the United Kingdom, we make no representation that the content and operation of Uinspire.co.uk will comply with local laws.
9.10 Governing law and jurisdiction. Any disputes or claims between us arising out of or in connection with these Terms or any contract made under them (including non-contractual disputes or claims) are governed by and construed in accordance with the law of England and Wales. If a dispute arises between us out of or in connection with these Terms or any contract made under them, we will both attempt to settle it by mediation in accordance with the Centre for Dispute Resolution (CEDR) Model Mediation Procedure. If either or both of us refuse to initiate the mediation procedure within 30 days of the dispute arising or if we both fail to agree terms of settlement within a further 40 days of the initiation of the procedure, either of us will be free to initiate proceedings in the courts of England which will, subject to paragraph 9.11 of this Section D, have exclusive jurisdiction to deal with such dispute.
9.11 Nothing in paragraph 9.10 of this Section D shall deprive Community Members of the right to bring or defend proceedings in their home state nor of the protection afforded to them by the mandatory rules of law of the country in which they live.
10. Changes to these Terms and to Uinspire.co.uk
10.1 We may make changes to these Terms at any time by sending you an email with the modified Terms or by posting a copy of them on Uinspire.co.uk. Any changes will take effect seven days after the date of our email or the date on which we post the modified terms on Uinspire.co.uk, whichever is the earlier. If you continue to use Uinspire.co.uk after that period has expired, it means that you accept any such changes. For this reason, please periodically check the pages on which we post our Terms. If you do not agree to the changes, you must cease using Uinspire.co.uk.
10.2 We reserve the right to change, suspend or discontinue the Uinspire.co.uk website and/or the service we provide through it (including the availability of any feature, functionality database or content) at any time and for any reason. We may also introduce or remove limits on certain features or restrict your access to all or certain parts of Uinspire.co.uk without notice to you and without incurring any liability.
11. Contact us
Our registered company number is 10723428