Terms and Conditions
Terms and Conditions
© Cancer Research UK
1. Website Terms and Conditions (Give Take Donate)
1.1 These Terms and Conditions (the “Terms”) incorporate the Privacy Statement. They form a contract between you and Cancer Research UK (“CRUK”, “Us”, “We” or “Our”) in relation to the service We offer through the Give Take Donate website (the “Site”).
1.2 The purpose of the Site is to provide a forum (the “Forum”) on which registered users may volunteer specific skills which may be taken up by other registered users, allowing both users to make arrangements for the provision of the volunteered skill. The Forum does not actually arrange the provision of the volunteer’s skill, nor actually provide the volunteer’s services. These are arrangements and provisions you will have to make yourself.
1.3 This Site does not provide services for the purpose of finding persons employment with employers, nor to finding employees to provide services.
1.4 CRUK owns and operates this Site and is a charity registered in England and Wales (charity number 1089464) whose registered office is at 61 Lincoln’s Inn Fields, London, WC2A 3PX.
1.5 The Forum is a web-based facility. Your use of the Site and Forum is governed by these Terms.
1.6 Please read these Terms, as well as the Privacy Statement, carefully. By continuing to access and use the Site you are deemed to have understood and agreed to them. If you do not agree to them you must refrain from using the Site and any skills available through it.
2. Becoming a Registered User
2.1 In order to use the Forum on the Site and become a registered user (“User”), you must register your details with Us, including your name, address, e-mail address, phone number. You agree to Our processing your personal details in accordance with Our Privacy Statement. If you do not agree to Our Privacy Statement you should not become a User of this service.
2.2 You are solely responsible for all use of and for protecting the confidentiality of your email verification and password. You may not share these with any third parties. You must notify Us immediately of any unauthorised use of them or any other breach of security regarding Our Site that comes to your attention.
2.3 Please note that this Site is not directed at businesses and that when you register as a User you must do so in your own capacity i.e. when you volunteer your skills, it must be you who will be providing the skills.
2.4 Users must be at least 18 years old. By registering as a User you confirm that you satisfy this requirement and you should not register as a User if you do not.
3. Use of the Site
3.1 As a User, you can use the Site by volunteering your specified skills (a “Volunteer”), by taking up the offer of such volunteered service (a “Taker”) or in both capacities. By using the Site you acknowledge that the Forum on the Site is only a platform to allow Volunteers to meet Takers and does not itself provide, make, or arrange, any of the skills which may be posted by the Volunteers on it. Please refer to our Frequently Asked Questions for further information.
4. Volunteers
4.1 To be a Volunteer you need to post details of the specific skill that you wish to volunteer on the Site. You must be suitably qualified to provide the posted voluntary service and you must not post any skill which is immoral, not legal for you to provide or which you are not qualified to provide.
4.2 CRUK retains the absolute authority to determine if a posted skill is immoral.
4.3 There is no restriction as to the number of offers for separate skills you may post on the Site, so long as each offer complies with the Terms.
4.4 As a Volunteer, you will not request, nor will you accept, payment for any offer you have posted which is taken up through the Site. You warrant that you will not use the Site for any commercial purposes. Your posting will therefore not include any advertisement for or reference to any business or other commercial entity, whether you are involved in it yourself or not or whether it provides the same or similar skills to those posted by you on the Site or not. Further, any link which you include in your posting to another website must be at least three clicks from such advertisements or references. If you breach these terms your permission to use this Site will be suspended or terminated immediately without notice being given to you.
4.5 In the event that your offer as a Volunteer is accepted by any Taker, you remain a volunteer who may withdraw your voluntary skills at any time.
4.6 However, you accept full liability for any loss or damage or any personal injury resulting from your negligence as a Volunteer, including the negligent withdrawal of your skills. You indemnify CRUK for any claim for loss or damage or personal injury resulting from such negligence on your behalf. It is your responsibility to ensure you obtain suitable insurance, where appropriate and or required, for the voluntary skills you are providing.
5. Takers
5.1 As a User of the Site, you have the option to become a Taker by browsing the Site for offers of voluntary skills in which you are interested and contacting the Volunteer through the Site’s message facility to agree a time and place for the provision of the voluntary skills (the “Provision”).
5.2 In arranging the Provision you acknowledge that the CRUK does not verify the content of the Volunteer’s posting, You warrant that it is your responsibility alone to verify whether the Volunteer is suitably qualified, and, where appropriate, licensed and/or certified to provide the volunteered skills.
5.3 As a Taker you acknowledge and agree that you take up the offer to receive voluntary skills at your own risk.
6. Donations
6.1 The Provision is on a purely voluntary basis; either the Volunteer or Taker may withdraw without obligation at any point, other than for any obligations that may arise between the Volunteer and Taker if such withdrawal amounts to a breach of a duty of care arising from skills only part provided. Except for where a donation is made (on a purely voluntary basis), no financial transaction will take place as part of the Provision, either between the Volunteer and Taker, or between the Volunteer or Taker and Us.
6.2 Whilst We hope that the Taker will make a donation to CRUK as a result of a successfully arranged Provision, as a Taker you are under no obligation to make such a donation. If you do make a donation, while we would encourage you to make one proportionate to the expected value of the service you have taken, the size of the donation will be at your own discretion.
6.3 As a Volunteer, you acknowledge that you do not volunteer your skills in the expectation of a particular donation to CRUK, or any donation, by the Taker.
6.4 Any donation made by a User, whether in addition to a Provision or not, is made at the User’s absolute discretion and is not consideration for use of the Forum, any facility which may be provided by Us, or any skill provided by a Volunteer as part of a Provision. The donation is non-refundable
6.5 For further information about making donations to CRUK, please see our http://www.givetakedonate.org/how-it-works/faqs.
7. Safety
7.1 As a User of this Site, you accept that the Forum does not include any safeguards as to the character, criminal record, or reliability of either party in any Provision. You accept full responsibility for your own safety and security during and as a consequence of the Provision, as well as that of any third party who may seek to be, or be, involved in the Provision, particularly in the event that the Provision is with someone you did not previously know. Your responsibility in this regard includes, but may not be limited to:
(a) Taking appropriate steps to protect your property;
(b) Ensuring that any children for whom you are responsible are suitably supervised; and
(c) Taking appropriate steps to ensure your own safety.
8. Your Postings and Messages
8.1 You may contribute content to the Site as part of offering skills as a Volunteer. The content that you contribute in relation to the skills that you are offering is freetext:
(a) Users must ensure that the details, information, comments and other content of any posting or message (the “Content”) does not breach the following requirements.
(b) Users may provide feedback ratings based on previous Provision. Feedback can be made on numerical rating basis. Users may provide feedback ratings based on previous Provisions with a simple of score of between one and five stars.
(c) Users may provide references for friends and contacts.
8.2 The Content must not be illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable nor consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any Content. We reserve the right (but not the obligation) to remove or edit any Content.
8.3 If you do post Content on the Site, you grant Us the following rights unless and until you remove your Content from the Site or notify Us of the revocation of this licence:
(a) a limited, non-exclusive, royalty-free and fully sublicensable right to use, reproduce, modify, adapt, publish, create derivative works from, distribute, and display such Content throughout the world in connection with the Site; and
(b) the right to use the name that you submit in connection with such Content unless you notify Us otherwise.
8.4 After posting your Content to the Site, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. The licence does not grant Us the right to sell your Content, nor does the licence grant Us the right to distribute your Content outside of the Site.
8.5 You represent and warrant that you own or otherwise control all of the rights to the Content that you post; that, as at the date that the Content is submitted to CRUK: (i) the Content is accurate; (ii) use of the Content you supply does not breach any applicable CRUK policies or guidelines and will not cause injury to any person or entity (including that the Content is not defamatory). You agree to indemnify CRUK for all claims brought by a third party against CRUK arising out of or in connection with a breach of any of these warranties.
8.6 You are solely responsible for the Content that you post on or through the Site. CRUK does not endorse and has no control over the Content. Content is not necessarily reviewed by Us prior to posting and does not necessarily reflect the opinions or policies of CRUK.
9. Your Conduct during a Provision
9.1 While We exclude any liability as a result of any Users conduct during a Provision, we reserve the right to suspend or terminate your permission to use the Site without notice in light of any reasonable complaint we may receive regarding your conduct during, in preparation for or after a Provision. While we may invite you to comment on the complaint before we take such action, your comment is not a right, and in some circumstances would be inappropriate.
10. Our Liability to You
10.1 The purpose of the Site is limited to the provision of the Forum, which does not make, arrange, or guarantee or warrant the quality and provision of, any skill provided by a Volunteer to a Taker as part of a Provision. We will not be liable for loss or damage howsoever arising out of or in connection with your use of the Site. In particular, we do not accept liability or responsibility for loss, damage or personal injury resulting from or relating to:
(a) any aspect of a Provision;
(b) the quality of any skills provided by any Volunteer;
(c) withdrawal by the Volunteer of the provision of the voluntary skills arranged during a Provision;
(d) misinformation, misstatement or misrepresentation by either the Volunteer or the Taker.
(e) negligent or criminal damage to property; and/or
(f) theft, or any other criminal or illegal activity.
10.2 For the avoidance of doubt, we provide no guarantees, warranties, terms or conditions with regard to the skills provided by any Volunteer posting on the Site nor in relation to your personal safety or the security of your property, or that of any third party, whether in relation to arrangements made and facilitated by the Site, as a Provision, or in any other circumstances. We exclude all other express or implied terms, conditions, warranties, or representations whatsoever with regard to the Site, any posting as a Volunteer, Provision or otherwise.
10.3 For the avoidance of doubt, the above limitations of liability do not apply in the case of death or personal injury caused by Our negligence, or where We have acted fraudulently. We accept no liability for any indirect or consequential loss or damage, however caused, even if foreseeable (save that these limitations on our liability do not affect your non-excludable statutory rights as a consumer). Neither party will be liable for any failure to perform any obligation owed to the other due to reasons beyond its reasonable control, for example, industrial disputes, acts of God and technical difficulties.
11. Disclaimer
11.1 This Site contains information, text, data, graphics, photographs, illustrations, artwork, names, logos, trade marks and information about CRUK and on the products and services it provides (the “Information”).
11.2 CRUK does not guarantee the accuracy, timeliness, completeness, performance or fitness for a particular purpose of the Site or any of the Information. CRUK has tried to ensure that all the Information provided on the Site is correct at the time of publication. However no responsibility is accepted by or on behalf of CRUK for any errors, omissions, or inaccurate Information on the Site. Further, CRUK does not warrant that the Site will be uninterrupted or error free or that any defects will be corrected.
11.3 Although CRUK attempts to ensure that the Information contained in this Site is accurate and up-to-date, We accept no liability for the results of any action taken on the basis of the Information it contains and all implied warranties, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy are excluded from these Terms to the extent that they may be excluded as a matter of law. We do not attempt to exclude any rights you may otherwise have as a consumer that We cannot exclude as a matter of law.
12. Computer Viruses, Worms and Trojan Horses
12.1 Whilst We use reasonable endeavours to protect this Site from computer viruses, worms, Trojan Horses and other such destructive features (the “Destructive Features”), We do not warrant that the Site is free from such Destructive Features and accept no liability for any damage that may result from the transmission of any Destructive Feature via this Site or via any files which are available for you to download from the Site. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.
12.2 You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use the Site or any service made available through it and that it is compatible with the Site.
13. Intellectual Property Rights
13.1 Except as is otherwise indicated on the Site, CRUK and/or its licensors own the copyright in all the Information featured on this Site and all related intellectual property rights, including but not limited to all database rights, unregistered and registered trade marks and logos. You should not infer any affiliation, sponsorship or endorsement from the use of third party marks on the Site, as such marks are used solely to designate certain products or services as belonging to their owners. Nothing in this Site is intended to grant, by implication or otherwise, any licence or right under any patent, trademark or other intellectual property owned by CRUK or any licensor or third party.
13.2 You are permitted to download, print, store temporarily, retrieve and display Information from the Site on a computer screen, print individual pages on paper (but not photocopy them) and store such pages in electronic form on disk (but not on any server or other storage device connected to the network) for your personal use or for internal use within your organisation.
13.3 You are not permitted (except where we have given you express permission to do so or you are otherwise permitted to do so by law) to use, copy, disseminate or transmit in any other way any of the Information on the Site.
13.4 You will indemnify Us against any claim made against Us for actual or alleged infringement of a third party's intellectual property rights arising out of or in connection with any information that You have placed on the Site.
14. Your further use of this Site
You further agree not to use any Information on the Site except to the extent necessary to enable you to use the Site and the services provided through it. You shall not use the Site for any immoral or illegal purpose. In particular you agree that you will not:
• upload any files that contain any Destructive Features; or
• in any way damage, disable or impair the operation of the Site, or attempt to gain unauthorised access to the Site or to network connected to it, by hacking, spoofing or other such similar means.
15. Variation of Terms and Assignment
15.1 We reserve the right to change these Terms at Our absolute discretion and In the event that We change these Terms We shall take all reasonable and appropriate steps to notify you of such changes. If we do this, we will post the changes to these Terms on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Us. If you do not agree to the Terms as amended, please do not use the Site.
15.2 You agree that We may assign any of Our rights and/or transfer, sub-contract or delegate any of Our obligations under these Terms. These Terms are personal to you and are entered into by you for your own benefit and not for the benefit of any third party.
16. Entire Agreement
Save for in the event of fraud, these Terms, together with the Privacy Statement, and the Donation terms and conditions, contain the entire agreement between you and Us. You agree that you have not entered into these Terms in reliance on any statement or representation of any person other than as expressly incorporated in these Terms.
17. Waiver and Severance
Any failure or delay by either party in exercising any right or remedy under these Terms shall not constitute a waiver of that, or any other right or remedy. If any provision of these Terms is held to be invalid or unenforceable by any court or other competent authority, all other provisions will remain in full force and effect.
18. Customer Queries and Complaints
If you have any queries or complaints concerning Give Take Donate, the Site, or technical problems etc, you can contact by:
Email: admin@givetakedonate.net
Please note that we cannot necessarily help with complaints about other Users including in relation to any voluntary services that Volunteers may have provided to you.
19. Notices
All notices must be given:
(a) to Us via post at 61 Lincoln's Inn Fields, London WC2A 3PX and
(b) to you at either the e-mail or postal address you provide during any registration or ordering process, or by Us publishing relevant information on the Site. Notice will be deemed received either when an email is received in full (or else on the next business day if it is received on a weekend or public holiday in the place of receipt), three days from the date of posting where any notice is posted to you, or immediately upon publication of any relevant information on the Site.
20. Governing Law
These Terms are governed by and are to be construed in accordance with English law. You agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute which may arise out of or in connection with these Terms.