What is Shop4Funds?

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Terms and Conditions

'Shop4funds' is a trading name of Shop 4 Fundraising Ltd, a company
registered in England & Wales under company number 08825254
having its registered office at Suite 1, Sand Aire House, New Road,
Kendal, Cumbria LA9 4UJ and that company has the rights to the
website appearing at the domain name 'www.shop4funds.co.uk'.
You may use the 'shop4funds' website and any facilities made
available through it if you agree to abide by these terms
and conditions.

The Terms and Conditions of use of the Shop4funds scheme

1. Meanings of certain words or expressions

'Account' means the record of transactions for a club or association which is accessible on the Website

'Application' means an application to Shop4funds made by a person who wishes to Register a club or association and which is made in the approved or prescribed form

'Applicant' means a person applying to Register a club or association

'Click Through' means when a person, automated script, or computer program activates a link which is displayed on a Participant's advert or logo which appears as displayed within the Website

'Content' means all writing, images, photographs, text, designs, symbols or information in whatever format including computer files capable of reproducing moving images or capable of reproducing sound which is accessible on the Website

'Contract' means a legal agreement between two parties for the purchase by one of goods or services from the other where that other is a Participant

'Customer' means the person, firm or corporation who has entered into any form of Contract

'Data' means any Personal Data as defined by the Data Protection Act 1998;

'Shop4funds' means Shop 4 Fundraising Ltd, trading as Shop4funds registered in England under number 08825254

'Shop4funds Scheme' is the term summarising the scheme of arrangements carried on by Shop4funds described in these Terms and Conditions

'Good Cause' means an identifiable grouping of more than one person having a common interest, whether an unincorporated or incorporated association, a charitable body, a firm or partnership, a company or any other organisation or body

'Participant' means the person firm or company whose goods and / or services are made available for sale to Visitors to the Website and who may enter into a Contract with a Visitor

'Personal Information' means any Data and / or other information of any nature which is contained in any Application or is otherwise made available by any Applicant to Shop4funds

'Register' means the process of submitting an Application to Shop4funds

'Registered' shall describe a Club or Association as the case may be whose Application has been accepted by Shop4funds

'Terms and Conditions' means these terms and conditions

'Supporter' means a person who is accepted by Shop4funds to be a user of the 'Shop4funds' Website

'Visit' means a single occasion whereby a web browser program is caused to send data to the computer server or servers upon which the Website is hosted

'Visitor' means a person who initiates a 'visit' to the Website

'Website' means the web pages of the websites accessible via the Internet, cell phone or a Local Area Network at www.shop4funds.co.uk

'We', 'Us' or 'Our' are all references to the Company, Shop 4 Fundralsing Ltd.

2. Donations and Applications to Register

2.1 By means of the Websites, Shop4funds provides a service to Participants by acting as an introducer of prospective Customers. No Visitor to the Shop4funds Website is required to pay for the use of it. Therefore all Visitors may use the Website for so long as they adhere to these Terms and Conditions.

2.2 Shop4funds receives commission from certain Participants in the Shop4funds Scheme in exchange for the facilities that Shop4funds offers to them. Any payment then made by a Participant to Shop4funds under such an agreement will be referred to as the 'Service Charge'. We are willing to donate a proportion of any Service Charge received by Us ('the Donation') to a Good Cause provided that the Good Cause is properly Registered with Us under these Terms and Conditions.

2.3 Where in the course of any single visit to the Website and before conducting an online search for goods or services a Supporter has selected a Good Cause on the Shop4funds Website (the 'Selected Good Cause') then each purchase made by that Supporter from a Participant will commonly create an obligation on the part of that Participant to pay a Service Charge. It is often the case that the Participant will make the payment of the Service Charge to an intermediary. From time to time that obligation to pay the Service Charge may be discharged in the case of a dispute under some form of compromise agreement.

2.4 Subject to the conditions in clause 2.5, We undertake to credit the Donation to the Selected Good Cause's account before the expiry of the calendar month next following the month in which the Service Charge is received by Us. The Donation will be due for payment to the Good Cause within 45 days of the end of each quarter, providing that we have received the Service Charge, subject to the Good Cause's Account having a balance in excess of the threshold as indicated on the website. The Donation will be paid without deduction of any administration of postage charges.

2.5 Shop4funds will only pay the Donation:

2.5.1 following receipt of the Service Charge or receipt of the entire amount owing under any compromise agreement as the case may be; and

2.5.2 that the Supporter has not breached any of these Terms and Conditions or whose access to the Website has been suspended or terminated under clause 3.6 below.

2.6 Shop4funds will be under no obligation to any party for the activities of any Visitor to the Website.

4. Good Cause/Business

4.1 A Good Cause/Business may not be an individual acting on his own behalf although we may accept Registration from an individual who intends to benefit a charity or other Good Cause by his actions. A Good Cause/Business must be a Registered Good Cause/Business in order to become eligible to receive Donations and can only become Registered if represented by a person (whether that representative is the Applicant or not) who is 18 years of age or older. At time of Application, the Good Cause must also have an active bank account in its own name for receipt of any Donations. A Business has no requirement to provide bank details for the cause they are supporting as Shop4funds will source these details.

4.2 A Good Cause/Business should only Register with Us once and any repeat Registration of the same Good Cause/Business or any further Application for a Registered Good Cause/Business may be terminated or rejected at Our discretion.

4.3 Shop4funds may accept an Application to Register a Good Cause/Business but is under no obligation to do so. Shop4funds may refuse, in its absolute discretion, to accept Registration of a Good Cause/Business on any grounds whatsoever and will have no obligation or liability to any Applicant or any other individual or Good Cause/Business for which the Application for Registration was being made for any damages, losses or other consequences, whether arising directly or indirectly from such refusal.

4.4 Shop4funds may refuse to disclose the basis upon which any decision to refuse Registration of a Good Cause/Business was made.

4.5 Because a Good Cause/Business may include unincorporated associations or other non-corporate bodies, it is understood and accepted that applications for Registration will be made by an individual Applicant whether acting on his own behalf or on behalf of the Good Cause/Business. That Applicant may have a direct or indirect interest in the Good Cause or no connection with or interest in the Good Cause at all.

4.6 The Applicant warrants to Shop4funds that the information he gives to Shop4funds in the Application for Registration of a Good Cause/Business is true and accurate and he undertakes to indemnify Shop4funds against any loss or damages of any nature, howsoever incurred, to any person, incorporated or unincorporated body or association resulting from the acceptance by Shop4funds of that Good Cause/Business for Registration. The Applicant, by making the Application now agrees to indemnify and hold Shop4funds, its officers, agents, and employees, harmless from any claim for loss or damages, including reasonable legal fees, arising or accruing to any party because of the Applicant's making of the Application or from any breach by the Applicant of these Terms and Conditions.

4.7 Shop4funds shall have no duty or responsibility to:

4.7.1 investigate or ascertain whether the Applicant is authorised, empowered or otherwise representing the Good Cause/Business for which Application is being made;

4.7.2 ascertain whether the Applicant is acting under any permission or authority of the Good Cause/Business whatsoever;

4.7.3 investigate or ascertain whether the Good Cause/Business (as described by the Applicant) exists in the terms described or at all.

4.8 It is a pre-condition of these Terms and Conditions that Registration of a Good Cause/Business must first be accepted by Shop4funds before Shop4funds comes under any sort of liability to that Good Cause/Business. Decisions on whether an Application for Registration is accepted by Shop4funds will be made within 5 working days of the application for Registration being received.

4.9 Once Notification is made, Shop4funds undertakes to the Good Cause/Business that within 24 hours of Notification, Supporters may utilise the Website to generate Donations to that Good Cause/Business and that Shop4funds will come under an obligation to forward Donations to the Good Cause/Business in accordance with clause 2.4 above.

4.10 An Applicant may also be a Supporter or may become a Supporter.

4.11 Your Cause/Business name and geographical region may be made public via local, national or international press coverage or PR companies, including but not limited to newspaper or magazine articles and radio broadcasts.

5. Terminating a Club or Association

5.1 Shop4funds reserves the right to suspend or terminate any of its obligations to a Club or Association and access by the Applicant to the Website immediately and without notice, either temporarily or permanently, as Shop4funds may see fit.

5.2 Further and in addition to clause 5.1, Shop4funds may end any agreement as may exist between a Club or Association and itself in circumstances where a user of your computer has breached any of these Terms and Conditions.

5.3 Immediately on terminating or suspending a Club or Association, We shall send a notice by email of termination to the person that has been notified to Us as the contact for the Club or Association and if there has been no such notification, then to the Applicant.

5.4 From the time and date of sending a notice under 5.3 and subject to 5.5, the Club or Association shall continue to be entitled to be paid any Donations arising from a Service Charge that has become payable prior to the sending of the notice unless in the case of suspension of a Club or Association, until We have notified the Club or Association by email that the suspension is to be ended.

5.5 We shall be entitled:

5.5.1 to deduct from any Donation as may be payable by Us under clause 5.4;

(a) any amount which is equivalent to any sums then owing to Us by a Good Cause; or

(b) any amount forming part of any Service Charge that We believe with good and reasonable cause that resulted from an act of fraud.

5.5.2 to notify any party or relevant authority of such information as We may possess concerning the user of a computer that We reasonably believe has committed any fraud.

6. Relationship of Supporters and Visitors to Participants

6.1 If you are a Supporter or a Visitor to the Website who then visits the website of a Participant or other party by clicking on a link on Our Website, apart from any obligation as may exist in respect of a Donation, Shop4funds have no obligation to you in such circumstances. Should you become a Customer under any Contract with a Participant, then this shall represent a private agreement between yourself and the Participant under which We shall have no responsibilities or liability of any sort.

6.2 Shop4funds makes no representations whatsoever about any other websites which you may access through Our Website. When you access any other website you understand that it is independent from Shop4funds and that We have no control over the content or availability of that website. In addition, a link to any other website does not mean that Shop4funds endorses or accepts any responsibility for the content, or the use of, such a website and shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other web or resource. Any concerns regarding any external link should be directed to its website administrator or web master.

6.3 No Visitor to the Websites, no Supporter or Good Cause has any right to communicate with any Participant or intermediary concerning the content or nature of any private agreement of Ours concerning such Participant. Any attempt to do so will be a breach of these Terms and Conditions.

7. Information appearing on the Websites

7.1 Most of the Content in the Website is owned by Shop4funds or is the intellectual property of third parties. For example, the advertisements of Participants are used by Shop4funds under licence from those parties. From time to time we may display other third party material on the Websites ('Third Party Content'). All Content is protected by copyright and / or database rights throughout the world subject to the laws of England & Wales. The Content will be subject to the restrictions in clause 7.2.

7.2 Subject to clause 7.3, you may:

7.2.1 retrieve and display the Content on a computer screen;

7.2.2 print individual pages on paper and store such pages in electronic form on disk and on your PC (but not on any other server or other storage device connected to an external network).

7.3 You may not (without contacting Us to obtain prior written permission):

7.3.1 redistribute or publish in any medium any Content (including by using it as part of any blog, newsletter, library, archive or similar service);

7.3.2 remove the copyright or trade mark notice from any copies of Content made under this Agreement;

7.3.3 create a database in electronic or structured manual form by systematically downloading and storing all or any of the Content; or

7.3.4 except as expressly set out above, modify, reproduce or in any way commercially exploit any of the Content.

7.4 Shop4funds also reserves the right, at its discretion, to make changes to any part of the Website even if such changes do materially reduce the content or functionality of the Website.

7.5 Because of the number of sources from which We obtain Content and because of the nature of the Internet and archived information, errors and omissions do occur and We do not give any other warranties in respect of the Content. In particular, We cannot and do not warrant:

7.5.1 the accuracy of any information in the Content;

7.5.2 that the Websites or any webpages accessible through them is free from infection by viruses or anything else that has contaminating or destructive properties.

7.6 The Websites contain links to other web sites, adverts and resources, either directly or through frames and links allowing material from other web sites to be displayed or otherwise operate within the Websites, such as RSS links. Where possible, We will make clear where such links are being made but third parties provide these other sites or adverts and We are not responsible and shall not be liable for the availability or content of their material and resources.

7.7 Any views expressed or implied on the Website are not necessarily those of Shop4funds or anyone connected with it.

8. Liability

8.1 We shall, subject to these Terms and Conditions, use all reasonable skill and care in making the Shop4funds Scheme available to you and any Good Causes/Business.

8.2 The manner in which the Shop4funds Scheme is provided may change from time to time and We reserve the right to change the Shop4funds Scheme with or without notice to you.

8.3 We do not warrant or guarantee in any way the continued or proper functioning of the Websites and in any event We shall not be liable for any loss or damage, howsoever caused, directly or indirectly by circumstances beyond Our reasonable control and which prevents Us from performing Our obligations to you and any Good Causes/Business'.

8.4 Further to the foregoing, by making any Application, or in seeking to become a Registered Supporter or Registered Good Cause/Business, you agree that Our liability, whether arising under any contract or duty existing by reason of the making of any Application or from any Registration as a Supporter or Good Cause/Business, shall be limited or excluded as follows:

8.4.1 We shall have no liability under any Contract made with a Participant;

8.4.2 We shall have no liability at all to any Good Cause/Business save for the obligation to make payment of any Donation in accordance with the provisions appearing in clause 2;

8.4.3 Other than any obligations arising by operation of the law (and all implied warranties are excluded from to the extent that they may be excluded as a matter of law to the fullest extent permissible) We shall have no liability to any Applicant or Supporter.

8.5 Nothing in these terms and conditions shall be construed as limiting or excluding any non-excludable statutory rights of a consumer nor any liability arising from death or personal injury to persons caused by the negligence of Shop4funds, or for fraudulent misrepresentation by Shop4funds or any employee or agent of Shop4funds, upon which liability there shall be no limit.

8.6 You, the Good Cause, Business, Applicant, Visitor or Supporter, shall indemnify Us against any loss or damages, expenses, claims or penalties that We may incur or suffer resulting from any breach by You of any of these Terms and Conditions.

9. Miscellaneous Provisions

9.1 These Terms and Conditions will be subject to English law, and the English courts will have jurisdiction in respect of any dispute arising from the relationship between Shop4funds and any Applicant, Supporter or Good Cause/Business.

9.2 We may alter these Terms and Conditions from time to time in which case any subsequent use by you of the Website or the Shop4funds Scheme will be subject to those Terms and Conditions as altered.

9.3 These Terms and Conditions and (where it is the case) any Application, legal notice or additional terms that may be published by Us on the Website from time to time shall constitute the entire agreement between Us and shall govern your use of the Website.

9.4 Should We choose not to exercise or enforce any legal right or remedy which is contained in these Terms and Conditions or to which We are entitled under any applicable law, then this does not amount to a formal waiver of Our rights and We will retain such rights and the right to pursue any remedy.

9.5 Should any court of law, having the jurisdiction to decide on this matter, find any provision of these Terms and Conditions to be invalid, then such provision will be regarded as removed without affecting the validity or enforceability of the rest of the Terms and Conditions.

9.6 It is not intended that any rights will exist or accumulate to any party other than as expressly stated in these terms and conditions and the Contracts (Rights of Third Parties) Act 1999 is hereby excluded from having any application.

9.7 By making an Application you will be taken to have agreed the terms of Our Privacy Policy which is accessible on the Website

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