1. Definitions and Interpretation
In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
means an account required for a User to access Our Site, as detailed in Clause 4;
means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site;
means a post in a Forum on Our Site (and includes any and all content in such posts including, but not limited to, updates, alerts, news);
means any online communications infrastructure that We make available through Our Site either now or in the future. This may include, but is not limited to, contact forms, email, live chat and Forums;
means a user of Our Site; and shall we specify users as school admin, PTA, Teachers and Alumni Associate
means Letslocalise Limited, a company registered in England under 11692693, whose registered address is 1a Berawood Road, Barkham, Wokingham, RG41 4TB.
2. Information About Us
Our Site, www.letslocalise.co.uk, is owned and operated by Letslocalise Limited, a limited company registered in England under 11692693, whose registered address is 1a Bearwood Road, Barkham, Wokingham RG41 4TB.
3. Access to Our Site
Access to Our Portal is free of charge however, you will be charged to use some of our portal features like PLedge a Penny.
It is your responsibility to make any and all arrangements necessary in order to access Our Site.
Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
Our Site requires an Account in order to access our portal and contents of Our Portal.
You must use official email ids recognized as school email ids to create an account to access Our site. In line with being a trust-enabled platform, we will create a super user account on your official email id. On activating this account, you will be able to create more user accounts to access and use website.
When creating your Account profile and school's profile, the information you provide must be accurate and complete. If any of your information changes at a later date, it is your responsibility to ensure that your profile is kept up-to-date.
You must provide information such as Authorised person details, schools registration details, official bank details for the school, contact numbers and any other required mandatory information given on the registration page of our site. We may reject the account if you failed to provide mandatory information
We recommend that you choose a strong password for your Account, consisting of a combination of lowercase and uppercase letters, numbers and symbols. It is your responsibility to keep your password safe. If you believe your Account is being used without your permission, please contact Us immediately at firstname.lastname@example.org. We will not be liable for any unauthorised use of your Account. We will create a password for the users. They will be encouraged to change it in the first instance.
A school admin will be able to make further accounts for other users in the school. These users e.g. Class Teacher, will be creating campaigns and events that will be approved by the school admin before being published on the website.
Once your account is accepted you will be able to create relevant content on Our Site in order to utilise our portal such as pledge-a-minute, working with schools, Expert Time etc.
The school is responsible for collecting gift aid on the pledges through LetsLocalise. The platform will provide schools with the relevant details for this purpose.
You school page contents will only be accessible by our other registered users.
Any personal information provided in your Account will be collected, used, and held in accordance with your rights and Our obligations under the law, as set out in Clause 15.
If you wish to close your Account, you may do so at any time. Closing your Account will result in the removal of your information. Closing your Account will also remove access to any areas of Our Site requiring an Account for access.
If you close your Account, any Posts you have made on Our Site will be deleted.
5. Pledge a Penny
With the help of pledge a penny feature, you can raise funding for your organisation from the registered users of the portal.
We only provide facility of connecting your payment gateway to other registered users of the portal.
Before you can use Pledge a Penny feature on Our website, you will be directed to open an account with Stripe (third party service provider).
You must be registered for Gift Aid with HMRC and be a charity that has its registered address in the UK and is registered with the Charity Commission for England and Wales, the Office of the Scottish Charity Regulator, the Charity Commission for Northern Ireland or exempt from registration; or an organisation that has its registered address in the UK.
The following fees are payable to us on an ongoing basis for the use of this feature which will be directly deducted by Stripe on our behalf. This fees will include the payment gateway charges payable to Stripe. These charges can range from 1.5% to 3% depending on various factors.
|Type of Fees||Percentage of every /pledge rceived through our portal|
|Campaign Management Fee||5%|
6. Intellectual Property Rights
With the exception of Posts (see Clause 6), all Content on Our Site and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us. All Content (including Posts) is protected by applicable United Kingdom and international intellectual property laws and treaties.
Subject to the licence granted to Us under sub-Clause 6.4, Users retain the ownership of copyright and other intellectual property rights subsisting in Posts submitted by them (unless any part of such Posts is owned by a third party who has given their express permission for their material to be used in the Post).
Access, view and use Our Site in a web browser (including any web browsing capability built into other types of software or app);
Download Our Site (or any part of it) for caching;
Print one copy of any pages from Our Site;
Download, copy, clip, print, or otherwise save extracts from pages on Our Site;
Save pages from Our Site for later and/or offline viewing.
You may not use any Content (including Posts) downloaded, copied, clipped, printed or otherwise saved from Our Site for commercial purposes without first obtaining a written permission to do so from Us, our licensors, or from the relevant User, as appropriate. This does not prohibit the normal access, viewing and use of Our Site for general information purposes whether by business users or consumers.
You may not systematically copy Content from Our Site with a view to creating or compiling any form of comprehensive collection, compilation, directory, or database unless given Our express permission to do so.
Subject to sub-Clause 5.3 and Clause 6 (governing Posts) you may not otherwise reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content or any other material from Our Site unless clearly given express permission to do so.
7. Posts on your school page
An Account is required if you wish to submit Posts to Our Site. Please refer to Clause 4 for more information.
You agree that you will be solely responsible for your Posts. Specifically, you agree, represent and warrant that you have the right to use the content of a Post and that your Post will comply with Our Acceptable Usage Policy, detailed below in Clause 7.
You agree that you will be liable to Us and will, to the fullest extent permissible by law, indemnify Us for any breach of the warranties given by you under sub-Clause 6.2. You will be responsible for any loss or damage suffered by Us as a result of such breach.
We may reject, reclassify, or remove any Posts submitted to Our Site where, in Our sole opinion, the content of those Posts violates Our Acceptable Usage Policy, or if We receive a complaint from a third party and determine that the Post(s) in question should be removed as a result.
You are responsible for correctness of the content about the school.
8. Acceptable Usage Policy
You may only use Our Site in a manner that is lawful and that complies with the provisions of this Clause 7. Specifically:
you must ensure that you comply fully with any and all applicable local, national and international laws and/or regulations;
you must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent;
you must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and
you must not use Our Site in any way, or for any purpose, that is intended to harm any person or persons in any way.
When submitting Posts (or communicating in any other way using Our Site), you must not submit, communicate or otherwise do anything that:
is obscene, deliberately offensive, hateful or otherwise inflammatory;
promotes or assists in any form of unlawful activity;
discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation or age;
is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
is calculated or is otherwise likely to deceive;
is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy or otherwise uses their personal data in a way that you do not have a right to;
misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive (obvious parodies are not included within this definition provided that they do not fall within any of the other provisions of this sub-Clause 7.2);
implies any form of affiliation with Us where none exists;
infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, patents, trade marks and database rights) of any other party; or
is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
We reserve the right to suspend or terminate your Account and/or your access to Our Site if you materially breach the provisions of this Clause 7 or any of the other provisions of these Terms and Conditions. Specifically, We may take one or more of the following actions:
suspend, whether temporarily or permanently, your Account and/or your right to access Our Site;
remove any Post(s) submitted by you that violate(s) this Acceptable Usage Policy;
issue you with a written warning;
take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
take further legal action against you as appropriate;
disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
any other actions that We deem reasonably appropriate (and lawful).
We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these Terms and Conditions.
We may feature advertising on Our Site. We are not responsible for the content of any advertising on Our Site. Each advertiser is responsible for the content of their own advertising material. We will not be responsible for any advertising on Our Site including, but not limited to, any errors, inaccuracies, or omissions.
12. Disclaimers and Legal Rights
Nothing on Our Site constitutes advice on which you should rely. It is provided for general information purposes only and is public information.
Insofar as is permitted by law, We make no representation, warranty, or guarantee that Our Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.
If, as a result of Our failure to exercise reasonable care and skill, any digital content from Our Site damages your device or other digital content belonging to you, as a consumer you may be entitled to certain legal remedies. For more details concerning your rights and remedies as a consumer, please contact your local Citizens Advice Bureau or Trading Standards Office.
We make reasonable efforts to ensure that Our Content on Our Site is complete, accurate, and up-to-date. We do not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date.
We are not responsible for the content or accuracy, or for any opinions, views, or values expressed in any Posts submitted by Users. Any such opinions, views, or values are those of the relevant User, and do not reflect Our opinions, views, or values in any way.
13. Our Liability
To the fullest extent permissible by law, We accept no liability to any User for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any Content (whether that Content is provided by Us or whether it is in the form of Posts submitted by Users) included on Our Site.
To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our Site or any Content (including Posts) included on Our Site.
We exercise all reasonable skill and care to ensure that Our Site is free from viruses and other malware, however subject to sub-Clause 11.3, We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our Site (including the downloading of any Content (including any provided in Posts) from it) or any other site referred to on Our Site.
We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
Nothing in these Terms and Conditions excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law. For full details of consumers’ legal rights, including those relating to digital content, please contact your local Citizens’ Advice Bureau or Trading Standards Office.
14. Viruses, Malware and Security
We exercise all reasonable skill and care to ensure that Our Site is secure and free from viruses and other malware.
You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.
You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.
You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.
You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.
By breaching the provisions of sub-Clauses 13.3 to 13.5 you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our Site will cease immediately in the event of such a breach.
16. Data Protection
All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.
17. Communications from Us
If you have an Account, We may from time to time send you important notices by email. Such notices may relate to matters including, but not limited to, service changes, changes to these Terms and Conditions, and changes to your Account.
We will never send you marketing emails of any kind without your express consent. If you do give such consent, you may opt out at any time. Any and all marketing emails sent by Us include an unsubscribe link.If you opt out of receiving emails from Us at any time, it may take up to 4 business days for your new preferences to take effect.
18. Changes to these Terms and Conditions
We may alter these Terms and Conditions at any time. Any such changes will become binding on you upon your first use of Our Site after the changes have been implemented. You are therefore advised to check this page from time to time.
In the event of any conflict between the current version of these Terms and Conditions and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.
20. Law and Jurisdiction
These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England.