Terms and conditions

TERMS AND CONDITIONS

References in these terms of use to "we", "our" and "us", etc. are references to us, Christ's College. Your use of our website at rememberchrists.hubbub.net and all subdirectories is subject to these terms of use which you should read before making any further use of our website. Use of our website includes accessing, browsing, or registering to use Christ’s website.

If you do not agree to these terms of use, you are not authorised to use or continue using our website.

  1. Who we are
    1. Christ’s College, Cambridge (“Us”, “us”, “Our”, “our”, “We”, “we”) has our registered office at Christ’s College, St Andrew’s Street, Cambridge, CB2 3BU, United Kingdom. We are registered in England and Wales, with company registration number 09662638. Our VAT number is 813045564. We are a charity with charity registration number 1137540. Our main trading address is Christ’s College, St Andrew’s Street, Cambridge, CB2 3BU, United Kingdom.
  2. Your Agreement with us
    1. The terms and conditions set out in this document form a legally binding agreement between you and us in relation to your use of the Services. It is important that you take the time to read them carefully.
    2. Collectively, this legal agreement is referred to below as the “Terms”. These Terms, and the contract between you and us, are only in the English language. rememberchrists.hubbub.net considers that these Terms, together with our Privacy Policy, your request to register as a user of the Site, and any other terms relating to fees or other matters which are agreed to in writing by you and us, constitute the whole agreement between you and us.
    3. The term 'Content' means any content, including (but not limited to) videos, audio clips, text, software, pictures and other features and information which we have made available as part of the Services, including content which you have uploaded to the Site in accordance with the Terms. The “Site” means rememberchrists.hubbub.net.
  3. Accepting the Terms
    1. In order to use the Services, you must firstly agree to the Terms. By using the Site, you confirm that you accept the Terms and that you agree to comply with them. If you do not agree to the Terms, you must not use the Site or otherwise use the Services. You can accept the Terms by actually using the Services. Accordingly, you understand and agree that we will treat your use of the Services as acceptance of the Terms from that point onwards. The Services are offered subject to your acceptance of the Terms, which also incorporate the Privacy Policy, and all other operating rules, policies and procedures that may be published from time to time on the Site by us, each of which is incorporated by reference, and each of which may be updated by us from time to time without notice to you.
    2. In the event of any inconsistency or conflict between the Terms, the Privacy Policy, your request to register as a user of the Site, and/or any other terms relating to fees or other matters which are agreed to in writing by you and us, the Terms shall have priority.
  4. Changes to the Terms
    1. We reserve the right to alter or replace the Terms, or to change, suspend or discontinue the Services at any time, by posting on the Site or by sending you an email.
    2. You agree that we may limit the Services or restrict your access to parts or all of the Services without notice or liability. It is your responsibility to check the Terms periodically for changes, as they are binding on you.
    3. You agree that in continuing to use the Services following the posting of any changes to the Terms, such continued use constitutes acceptance of those changes.
  5. Eligibility
    1. The Services are available only to individuals who are at least 18 years old. You represent and warrant that you are of legal age to form a binding contract, and that all registration information you submit is truthful and correct.
    2. We reserve the right to:
      1. Refuse the Services to anyone at any time without notice and for any reason
      2. Change its eligibility criteria at any time without notice and for any reason.
    3. You may not use the Services and may not accept the Terms if:
      1. You are not of legal age to form a binding contract with us
      2. You are not normally resident in the UK or the country from which you use the Services
      3. You are a person not allowed to receive or use the Services under the laws of England and Wales or any other countries including the country in which you are resident or from which you use the Services.
  1. Third Parties
    1. rememberchrists.hubbub.net is provided by our third party service provider, Sponsorcraft Ltd, on behalf of Christ’s College, and these terms and conditions operate between you and us only. Sponsorcraft Ltd has no contractual relationship with you, except in relation to any third-party rights which Sponsorcraft Ltd may enforce under this contract.
    2. Your use of any other services or websites which are similar to the Services and which are provided by a third party, including any third party services or websites which our website links to (including other services or websites operated by Sponsorcraft Ltd), is subject to the legal terms which govern usage of those other services, and Christ’s College has no responsibility whatsoever for such usage. The fact that rememberchrists.hubbub.net provides links to certain third party websites does not in any way constitute endorsement of, or association with, such websites by Christ’s.
    3. Other websites or resources may contain links to the Site. You acknowledge that Christ’s is not responsible or liable for the content or any aspect of such third party websites and you use them at your own risk. Furthermore, you acknowledge and agree that rememberchrists.hubbub.net shall not be responsible or liable for any damage or loss caused by your use of any such website or resource.
  2. Linking to, and promotion of, the Website, by you
    1. You may link to any page of the Site, provided you do so in a way that is fair and legal and does not damage Christ’s reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to the Site in any website that is not owned by you. The Site must not be framed on any other site.
    2. We reserve the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with the content requirements set out in these Terms. If you wish to make any use of content on the Site other than that set out above, please contact giving@christs.cam.ac.uk.
  3. Conduct
    1. You agree to use the Site and all Services responsibly and legally, and not to use the Services for any purpose that is prohibited by the Terms. The Services are provided solely for your use in relation to Christ’s. You are responsible for all of your activity in connection with the Services.
    2. If you breach this provision, you may be committing a criminal offence. Christ’s College will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.
    3. Under the Terms you are prohibited from taking any action in relation to your use of the Services which:
      1. infringes any patent, trademark, copyright, right of publicity or other such right of any other person or entity or violates any law or contractual duty;
      2. is false, misleading or inaccurate;
      3. is obscene, offensive, or unlawful in any way;
      4. constitutes spam, junk mail or advertising which has not been authorised in writing by Christ’s College;
      5. results in software viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful interfering with, damaging or destroying the proper function of the Services; or
      6. impersonates any person or entity, including any employee or representative of Christ’s College.
    4. Additionally, you agree not to:
      1. take any action that imposes or may impose (as determined by us in its sole discretion) an unreasonable or disproportionately large load on Sponsorcraft Ltd’s infrastructure;
      2. engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services), including (but not limited to) attacking the Site via a denial-of-service attack or a distributed denial-of service attack;
      3. access (or attempt to access) any of the Services by any means other than through the interface that is provided by rememberchrists.hubbub.net via Sponsorcraft Ltd, unless you have been specifically allowed to do so in a separate agreement with Christ’s College. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and agree not to run any form of spam or auto-responder on the Services.
  4. Content
    1. You acknowledge that all Content which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated.
    2. You should be aware that Content presented to you as part of the Services may be protected by intellectual property rights which are owned by those who provide Content to rememberchrists.hubbub.net (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by Sponsorcraft Ltd or by the owners of that Content, in a separate agreement.
    3. We do not guarantee that any Content will be made available on or through the Services. We have no obligation to monitor the Services or content. However, Christ’s reserves the right to remove, edit or modify any Content in its sole discretion from the Services at any time, without notice to you and for any reason, including, but not limited to:
      1. receipt of claims or allegations from third parties or authorities relating to such content;
      2. concerns that you may have violated the terms of the Agreement; or
      3. cases where you are prevented, prohibited or restricted from using the Website under any laws applicable to your use (for example, the laws of England and Wales or the laws of the country in which you are resident and/or from which you use the Website, as applicable).
    4. Christ’s reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any part of the Services.
    5. You are responsible for configuring your information technology, computer programmes, and platform in order to access the Site. You should use your own virus protection software.
  5. Our Licence to you
    1. We grant you a personal, worldwide, royalty-free, non-assignable and non-exclusive licence to use the Content provided to you by Christ’s as part of the Services. This licence is for the sole purpose of enabling you to use the Services as provided by us, in the manner permitted by the Terms, and not for any commercial or business purposes.
    2. Use, reproduction, modification, distribution, or storage of any part of the Services (including any Content) other than for personal, non-commercial use is expressly prohibited without prior written permission from Christ’s.
    3. You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of any part of the Services, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Christ’s in writing.
    4. Unless we have given you specific written permission to do so, you may not assign (or grant a sub-licence of) your rights to use the Services, grant a security interest in or over your rights to use the Services, or otherwise transfer any part of your rights to use, or obligations in relation to, the Services.
  6. Your Licence to us
    1. By submitting, posting, uploading or displaying your Content, you give us a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive licence to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on, or through, the Services. This licence is for the sole purpose of enabling us to display, distribute and promote the Services.
    2. You understand that Christ’s, in performing the required technical steps to provide the Services to our users, may make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this licence shall permit Christ’s to take these actions.
    3. You confirm and warrant to us that you have all the rights, power and authority necessary to grant the above licence. Other than the limited licence set out above, we acknowledge and agree that we obtain no rights, titles, or interest from you under these Terms in, or to, any Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with Christ’s, you agree that you are responsible for protecting and enforcing those rights and that we have no obligation to do so on your behalf.
  7. Copyright issues
    1. For avoidance of doubt, you must not reproduce our logo or intellectual property without our express written permission.
    2. If you wish to make an inquiry or report a copyright infringement, you can do so by contacting us in writing
  8. Registration
    1. In order to use parts of the Services, you may be required to register with rememberchrists.hubbub.net and select a password and “user name”. You shall not:
      1. create or use as a user name the name of another person with the intention of impersonating that person;
      2. use as a user name a name which is subject to any rights of a person other than you without appropriate authorisation; or
      3. use as a user name a name which is offensive or inflammatory as deemed by us in its sole discretion.
    2. Both Sponsorcraft and Christ’s College reserves the right to refuse registration of or to cancel a user name in its sole discretion and to disable any user name or password, at any time, if in its reasonable opinion you have failed to comply with any of the provisions of the Terms. You agree not to use another user’s account without such other user’s express permission. Accordingly, you agree that you are solely responsible for all activities that occur under your account.
    3. You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services. You must not disclose this information to any third party. If you become aware of any unauthorized use of your password or of your account, you agree to notify us immediately by email to giving@christs.cam.ac.uk.
  1. The Services
    1. rememberchrists.hubbub.net provides you with the facilities to make charitable donations to us and full details of this service can be found on the Website.
    2. Donations made through the Website are collected for us by Stripe. Stripe is a payment service which allows Christ’s to accept and process credit card, debit card and other types of card payments from their Donors. By registering with Stripe, we accept Stripe’s terms and conditions, which can be found at https://stripe.com/terms.
    3. We may include a Gift Aid option for donations and any such option will be subject to the additional legal terms covering this.
  2. Termination
    1. Christ’s reserves the right to terminate your account or restrict access to all or any part of the Services at any time without notice or cause and such termination and/or restriction will be effective immediately. This may result in the forfeiture and destruction of all information and/or Content associated with your membership. If you wish to terminate your account at any time, please contact us by email at giving@christs.cam.ac.uk. Christ’s will effect the termination of your account, and remove your information from the Site, as soon as reasonably possible.
    2. When the supply of the Services to you is terminated, for whatever reason, certain legal rights, obligations and liabilities that you and Christ’s have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation and shall continue to have full force and effect. These include (but are not limited to) your obligations in relation to conduct, content, intellectual property rights, payment and indemnification, and Christ’s rights in relation to payment, content, intellectual property rights, warranty disclaimer, limitation of liability and indemnification. The “General Legal Terms” section near the end of this document shall also continue to have full force and effect.
  3. Warranty Disclaimer
    1. You agree and acknowledge that we have no special relationship with or fiduciary duty to you. You acknowledge that neither us, nor Sponsorcraft Ltd, can control, nor has it any obligation to act in relation to:
      1. the way in which you utilise the Content;
      2. what Content you access via the Site;
      3. the impact the Content may or may not have on you;
      4. which users gains access to the Site; or
      5. what actions you may take as a result of having been exposed to the Content.
    2. You agree that we are not liable for you having acquired or not acquired Content through the Site. Christ’s does not guarantee that the Site, or any Content on it, will always be available or be uninterrupted. Access to the Site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Site without notice. We will not be liable to you if for any reason the Site is unavailable at any time or for any period. 
    3. Your use of the Website and/or the Services is solely at your own risk. The Services are provided "as is" and "as available" and are without warranty of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed. Christ’s and its directors, employees, agents, suppliers, partners, and content providers do not warrant that: (a) the Services will be secure or available at any particular time or location; (b) the Site, or any Content on it, will be free from errors or omissions; (c) the Content on the Site is accurate, complete or up-to-date; (d) any defects or errors will be corrected; (e) any content or software available at or through the Services is free of viruses or other harmful components; or (f) the results of using the Services will meet your requirements. Your use of the Services is solely at your own risk.
  4. Limitation of Liability
    1. Nothing in these Terms excludes or limits the liability of either party for death or personal injury arising from negligence, for fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
    2. As a Donor, you agree not to use the Site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
    3. We shall not be liable for any damage whether in contract, tort (including negligence), breach of statutory duty or otherwise, even if foreseeable, arising under or in connection with:
      1. use of, or inability to use, the Site;
      2. use of or reliance on any Content displayed on the Site;
      3. data loss, cost of procurement of substitute goods or services, consequential damages of any kind whatsoever, substitute goods or services (however arising); or
      4. a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or to your downloading of any content on it, or on any website linked to it.
  5. Electronic notification policy
    1. By using the Services, you consent to receiving all communications including notices, agreements, legally required disclosures, or other information in connection with the Services (collectively, "Contract Notices") electronically.
  6. Contact details and customer service
    1. Where the words "in writing" appear in the Terms of Use, this includes email. If you wish to contact us in writing, or if any provision in the Terms of Use requires you to give us notice in writing, you can send this to us by e-mail to giving@christs.cam.ac.uk, or by post to Christ’s College, St Andrew’s Street, Cambridge, CB2 3BU, United Kingdom.
    2. If you wish to make an inquiry or complaint in relation to the Website, this should be made to us in writing.
  7. General legal terms
    1. You agree that we may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.
    2. We may transfer our rights and obligations under the Terms to another organisation, and we will always notify you in writing if this happens, but this will not affect your rights or our obligations under the Terms.
    3. If we do not exercise or enforce, or delay in exercising or enforcing, any legal right or remedy which is contained in the Terms (or which we have the benefit of under any applicable law), this will not be taken to be a formal waiver of our rights and that those rights or remedies will still be available to us (and does not mean that you do not have to comply with your obligations). As waiver shall only be effective if we notify you of that waiver in writing.
    4. This contract is between you and Christ’s. A person who is not a party to the Terms has no right to rely on or enforce any of the Terms.
    5. Each of the paragraphs of the Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
    6. Your statutory rights as a consumer are unaffected by the Terms and you may have rights under statute additional to those granted by the Terms. If in doubt you should contact your local Citizens’ Advice Bureau or Trading Standards Office.
  8. Governing Law
    1. The Terms, and your relationship with Christ’s under the Terms (including the subject-matter of the Terms and the formation of the contract, and any contractual or non-contractual dispute associated with your use of the Services), are governed by English law. You and Christ’s agree that the courts of England and Wales shall have exclusive jurisdiction to resolve any such dispute.

Effective Date: 3rd October 2022