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Charities Terms and Conditions

CHARITY ETHICS DATABASE USER TERMS AND CONDITIONS

These terms and conditions apply to the agreement between a charity trustee or other authorised representative of a registered charity, not-for-profit organisation or other UK based socially responsible enterprise acceptable to Ethical and Environmental Screening Services Ltd. (You) and Ethical and Environmental Screening Services Ltd, registered in England & Wales (Company Number 3633308) with its registered address at Formal House, 60 St. George's Place, Cheltenham, GL50 3PN (the Company) (the Agreement) in respect of your use of the Charity Ethics Database (CED) for the purposes set out in clause 1.

The Company reserves the right to amend these terms and conditions at any time but will seek to notify You of any changes prior to them taking effect. You may terminate the Agreement in the event the Company makes any material changes to these terms and conditions.

By ticking the “Accept” box below You confirm your agreement to the following terms and conditions, as amended from time to time.

The Company’s Services

  1. The service provided by the Company enables You to access the CED. The CED allows You to access summary ethical data on companies but does not give advice as to financial performance and/or benefits in investing in them. Subject to You satisfying the obligations set out in these terms and in particular, being a trustee of a charity registered with the Charity Commission for England & Wales, or the Office of the Scottish Charity Regulator, or an authorised representative of a registered charity, not-for-profit organisation or other UK based socially responsible enterprise acceptable to the Company, the CED is provided to You free of charge.
  2. The CED is only available to charity trustees, other designated officers of charities, not-for-profit organisations or other UK based socially responsible enterprise acceptable to the Company and by registering for the CED Services, You are confirming that You are a trustee of a charity, or are an authorised representative of a registered charity, not-for-profit organisation or other UK based socially responsible enterprise acceptable to the Company.
  3. The CED is subject to availability and may be withdrawn or amended without notice at any time.
  4. You may contact the Company in connection with the Company’s services by telephoning the Company on 01242 539850 or by email at enquiries@ethicalscreening.com

Your Obligations

  1. You must be a trustee of a charity registered by the Charity Commission for England & Wales, or the Office of the Scottish Charity Regulator, or are an authorised representative of a registered charity, not-for-profit organisation or other UK based socially responsible enterprise acceptable to the Company, to access the CED.
  2. You must inform the Company immediately if your position within the charity, not-for-profit organisation or other UK based socially responsible enterprise is amended or terminated for any reason or You become subject to any disciplinary or enforcement action. In such event, You shall immediately cease to use the CED.
  3. You acknowledge that the information in the CED made available to You does not constitute financial advice within the meaning of the Financial Services and Markets Act 2000.
  4. You acknowledge that the information contained in the CED has been prepared by the Company for information purposes only and reflects the Company’s opinions at this date only. It is for distribution in the United Kingdom and to registered users of the CED only. Any opinions expressed by the Company are based upon information compiled from sources believed to be reliable but that information has not been independently verified; no representation is made as to its accuracy or completeness, no reliance should be placed on it and no liability is accepted for any loss suffered by You and/or your charity as a result of relying on the information which You obtain via the CED.
  5. Subject to the terms of this Agreement, You may not re-sell any information You collect from the CED to any persons.
  6. All intellectual property rights relating to the Company’s products, services and names, logo and trademarks including intellectual property rights in the CED shall at all times remain the property of the Company and no licence or proprietary right shall be granted to You under these terms and conditions.
  7. You must notify the Company immediately if You become aware of any errors or inaccuracies in respect of any information and/or data which contain errors and/or inaccuracies. In this regard, please contact the Company by emailing the Company at enquiries@ethicalscreening.com
  8. You must not store the content and or any information You collect and/or derive from the CED on a server or any other storage device connected to a network or reproduce, copy, distribute, disseminate or modify the content and/or information collected and/or derived from the CED other than for the purposes contemplated under the Agreement or use the CED for any illegal, fraudulent or immoral purposes.
  9. You may only use the CED in relation to your own charity, not-for-profit organisation or other socially responsible organisation acceptable to the Company.
  10. You must not share or disclose your username and/or password with a third party. If your user password is revealed, whether deliberately or not, then You must notify the Company immediately so the Company can take appropriate security measures. In addition, when You cease to be a user, You shall notify the Company immediately so the Company can take appropriate security measures and update the system.
  11. You accept the terms of the Company's Privacy Policy, and consent to the use of cookies and other information gathering technologies as outlined in the Company's Cookie Policy.

Registration

  1. As part of the registration process to be a Charity Ethics Database user, You will complete the CED registration form.
  2. You shall only complete a registration form for yourself and no one else.
  3. The Company reserves the right at its sole discretion and without giving reasons to reject any application made by You to be registered as a CED user.
  4. Where the Company accepts your application to be a registered CED user, the Company will issue You with a user name and password to enable You to access secure elements of the CED.

Termination

  1. The Company reserves the right to terminate and/or suspend your use immediately (without liability to the Company) upon any of the following events:
    • You commit a material breach of these terms and conditions and fail to remedy the breach (if capable of remedy) within 28 days;
    • Your organisation ceases to operate;
    • You use the CED for any fraudulent, immoral or illegal purpose; or
    • Your position within your organisation is amended or terminated for any reason or You become subject to any disciplinary or enforcement action;
  2. The Company may also terminate this Agreement (without liability to the Company) for any reason upon 28 days prior written notice to You.

Liability & Warranties

  1. The Company makes no representation or warranty that the whole or any part of the CED will be accessible at all times or be error or virus free. The Company does not warrant the accuracy of the information accessible via the CED. The Company reserves the right, without notice, to suspend temporarily or alter the operation of the CED for legal, regulatory or technical reasons.
  2. Subject to Clause 25 below, the Company accepts no liability for any loss or damage including consequential loss and loss of business arising from your inability to access the CED or arising from any inaccuracies or omissions in respect of the content therein.
  3. Subject to Clause 25 below, the Company’s accepts no liability for any loss arising from the Company’s breach of these terms and conditions or negligence.
  4. The Company accepts liability for death or personal injury caused by its negligence in respect of the CED.

Indemnity

  1. You agree to indemnify the Company against any claims, demands, actions, losses, damages, costs, charges, fines and expenses arising from your breach of any of these terms and conditions including (but without limitation) any losses or expenses incurred by the Company as a result of the unauthorised use of your password by a third party or any breach of the Company’s intellectual property rights.

Complaints

  1. If You experience a problem with any aspect of the Company’s service, please contact the Company immediately to enable the Company to put matters right. If the Company does not resolve the matter to your satisfaction or You wish to make a formal complaint please write to: The Directors, Ethical Screening, Formal House, 60 St. George's Place, Cheltenham, GL50 3PN

General Provisions

  1. These terms and conditions embody and set out the entire agreement and understanding between You and the Company and supersede all prior oral or written agreements, understandings or arrangements relating to the CED.
  2. No term in these terms and conditions is enforceable pursuant to the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to it.
  3. These terms and conditions shall be governed by and construed in accordance with English law. Each of the parties irrevocably submits for all purposes in connection with these terms and conditions to the exclusive jurisdiction of the courts of England.
  4. Insofar as the Electronic Commerce (EC Directive) Regulations 2002 (the Regulations) would otherwise be applicable to the Company’s services, You agree that the Regulations shall not apply and are excluded to the extent permissible by law.
  5. All notices under these terms and conditions shall be sent to the party being served at its e-mail address as specified in the registration process or in writing by first class, registered or recorded delivery post at such other address of which such party shall have given notice to the other party. The date of service shall be deemed to be the day following the day on which the notice was transmitted or posted as the case may be.