Rogavi terms and conditions
Thank you for your interest in our website and services. We want your experience of our services to be a positive one and we have provided these terms and conditions (“Terms”) to set out the important information and rules relating to your use of our website and services. Please ensure you read these Terms carefully because they are legally binding and enforceable. By using the Website and/or Services you agree to be legally bound by these Terms. If you do not wish to be bound by these Terms then you must not use the Website or Services.
In these Terms, certain words have defined meanings as follows:
“AUP” means Rogavi’s acceptable use policy which can be found on our Website at the following address, rogavi.com/acceptable-use-policy.php;
“Charity” means a registered charitable institution which has agreed with Rogavi to participate on the Website and to which you may Donate money through the Website or which may be a beneficiary of the proceeds of ticket sales to Competitions;
“Competition” means any competition run by Rogavi on the Website and “Competitor” means any entrant to such Competitions;
“Donation” means a donation by you to a Charity of money through the Website and “Donate” and “Donor” shall be interpreted accordingly;
“End User”, “you”, “your” means you as the applicant for or end user of the Services;
“Intellectual Property Rights” means patents, trademarks, service marks, design rights (whether registrable or otherwise), applications for any of the foregoing, copyright, database rights, trade or business names and other similar rights or obligations whether registrable or not in any country (including but not limited to the United Kingdom);
“Rogavi”, “we”, “us” means Rogavi Network Limited registered at 16A Station Road, London, NW10 4UE, United Kingdom with Company Number 05998231;
“Services” means any and all services and facilities (including Competitions and the facility to make direct Donations) which we may make available for your use through the Website;
“Third Party Content” means any material, information, data or other content which is owned or licensed by a third party (including but not limited to Charities);
“Website” means the website owned by Rogavi and located at URL (rogavi.com).
2.1 You do not need to register to view the Website, however, in order to use the Services you must register with us by completing the online registration form on the Website.
2.2 You acknowledge and agree that your application to register is subject to certain minimum requirements which are set out on the Website. The registration of all applications is subject to verification by us and we reserve the right to reject an application in our reasonable discretion without giving reasons.
3.1 If you have any questions or concerns about the Website and/or Services then you should direct them to us via email at [email protected] or by post to our registered office.
3.2 We reserve the right to make changes or corrections, alter, suspend or discontinue all or any part of the Services or the Website or any related content or your access to the same with reasonable discretion. Any modifications or additions to the Services or the Website shall be subject to theses Terms.
3.3 The Services may include Third Party Content which may be subject to separate licenses from the relevant third party. You understand that we do not control or endorse Third Party Content. All such Third Party Content is published by us in good faith but to the extent permitted by applicable law we do not accept responsibility for the accuracy or otherwise of such Content. We make no representations whatsoever about any other website which you may access through the Website or which may link to the Website and when you access such third party websites you understand and agree that they are independent from Rogavi and that we have no control over them.
4.1 We may host and run Competitions from time to time for one or more Charities.
4.2 Competitions hosted on the Website may be subject to separate terms and conditions relating to the Competitions which you must accept as a pre-condition of your Competition entry. These are accessible on the website and you must accept as a pre-condition of your Competition entry.
4.3 The date and terms of the Competitions shall be determined by Rogavi.
4.4 In respect of any Competition, Rogavi may set a fundraising target and minimum number of tickets which thresholds must be reached by the closing date set for the Competition. Where a competition is licensed and run under a small society lottery license the maximum permitted ticket proceeds is £20,000. If £20,000 in proceeds is reached before the draw date, further entry to the competition will be suspended and the prize drawn on the advertised draw date.
4.5 Subject to your compliance with these Terms (including relevant Competition terms), you may purchase one or more tickets to be entered into the Competitions to be held on the Website.
4.6 We may in our reasonable discretion accept or reject any entry to a Competition. Where we do not for any reason accept a Competition entry, we shall refund the purchase amount we received for the purchase of the ticket(s) relating to the entry.
4.7 Where a Competition has been held, we shall notify the winning Competitors and confirm their address details. We may at the request from such Competitors display a photograph of them on the Website. Where the Competition is for the sole benefit of a Charity, we shall inform the Charity of the names and addresses of winning Competitors and the Charity shall contact such Competitors to arrange delivery of the Prize. For all other Competitions, we shall contact winning such Competitors to arrange delivery of the Prize. If the winning competitor does not respond within 45days and all reasonable efforts have been made by the Charity to contact the winner then the prize will be redrawn.
4.8 Employees of charity and their families, agencies or other companies having any connection with the production of the draw are ineligible to enter.
4.9 Where the closing date for entries is displayed for each competition the Charity reserves the right to extend the closing date at its discretion.
4.10 Where there is a target based competition the Charity reserves the right to refund the entrants or offer them the opportunity to take place in a cash draw based where the winner receives 40% of the total proceeds.
5.1 You may donate money to a Charity through the Website by clicking the button “Donate direct”. Where you agree, Rogavi will collect information needed for the Charity to claim Gift Aid in respect of your donation.
6. Your use of the Services
6.1 You agree that you shall only use the Website and the Services in accordance with this Agreement (as defined in Section 14.4).
6.2 You shall ensure that all of the information you provide to us (including in the course of registration) is accurate, complete and not misleading and you agree to notify us immediately in the event that such information becomes inaccurate for any reason.
6.3 You agree to notify us by email to [email protected] in the event that you come across errors, bugs or shortcomings in the Website or the Services during your use of them, including any observations or comments you may have.
7.1 Our warranties in relation to our Services and the Website are set out in full in Section 8.2. We do not make any other promises or warranties about the Services or the Website.
8. Limitation of Liability
8.1 We will accept all liability if something we do involves fraud or causes death or personal injury where we have been negligent.
8.2 We shall operate the Competitions and provide the services with reasonable skill and care.
8.3 We are responsible for losses you suffer as a result of us breaking this Agreement if the losses are a direct and foreseeable consequence of us breaking the Agreement provided that our liability is limited to the amounts which you have paid to us in the 12 month period preceding the date of our breach. Losses are foreseeable where they could be contemplated by you and us at the time you enter this Agreement. We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us. By way of example, we cannot foresee that any breach by us will cause you (a) loss of income or revenue; (b) loss of business; (c) loss of profits; or (d) loss of anticipated savings.
9. Intellectual Property Rights
9.1 All Intellectual Property Rights in and to the Website and Services including the design, text, graphics and other content, interfaces and the selection and arrangement of the content, software and all other material comprising the Website and Services belongs to us or our licensors. All rights are reserved.
9.2 We grant you a non-exclusive, royalty-free personal licence (with no right to sub-licence) to access and use the Website and Services for your personal, private and non-commercial use for such time as you are a registered user.
9.3 Except to the extent and in the circumstances expressly required to be permitted by us by law, you shall not modify, adapt, translate, copy, reproduce, republish, upload, post, transmit or distribute by any means or in any manner any material or information comprising the Website or the Services including but not limited to text, graphics, video, messages, code and/or software without our prior written consent, except where expressly permitted to do so.
10.1 You are solely responsible for protecting the confidentiality of any user name, email verification, password and/or PIN (collectively “Security Data”) which may be given to you in order for you to use the Website and/or Services.
10.2 You must not share Security Data with or transfer Security Data to any third party without our express consent.
10.3 You must immediately notify us if you know or suspect any unauthorised use of your Security Data or other breach of security relating to the Services.
11. Data Protection
12.1 We may terminate or suspend your access to the Website and/or Services at any time provided we will in such circumstances act with reasonable discretion. Provided you are not in breach of this Agreement, in the event of such termination the warranties we make in relation to the website and services are limited to those set out in sections 8.1 and 8.2
12.2 If you breach these Terms or if you commence or have commenced against you any proceedings for bankruptcy or are otherwise unable to pay your debts then your permission to use the Services terminates immediately without the necessity of any notice being given to you.
12.3 All disclaimers, indemnities and exclusions in these Terms shall survive termination of the agreement between us for any reason.
12.4 Sections 6 to 10 inclusive, 11.4 and 14 shall survive the termination of these Terms for any reason.
13.1 If any provision of this agreement is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and the validity and enforceability of the remaining provisions of this agreement shall not be affected.
13.2 If we fail to enforce a right under this agreement, that failure will not prevent us from enforcing other rights or the same type of right on a later occasion.
13.3 Without limiting Sections 7 (Disclaimers) and 8 (Liability), we do not take responsibility for any event which is outside our reasonable control, including but not limited to the failure, malfunction or unavailability of telecommunications data communications and/or computer services, power supply failures or shortages, acts or omissions of third parties including but not limited to network operators), acts of government or regulators nor for any consequential loss arising from such an event.
13.5 You are not permitted to assign this Agreement. We may assign, transfer or subcontract any of our rights or obligations under this Agreement without notice to you.
13.6 No term of this Agreement is enforceable pursuant to the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to it.
13.7 All notices shall be given:
(a) to us via email at [email protected] or by post to our registered address as set out above; or
(b) to you at either the email or postal address you provide during the registration process.
Notice will be deemed received 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) or 3 days after the date of posting.
13.8 This Agreement is governed by and construed in accordance with English law. The parties submit to the non-exclusive jurisdiction of the English courts.
13.9 This Agreement replaces all other terms and conditions previously applicable to the use of the Website and the Services.
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