Terms and conditions of use

Last updated: 23 November 2015

1.         Introduction

1.1     These terms and conditions shall govern your use of our website (https://cogoodwill.com).

1.2     By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.

1.3     If you register with our website, submit any material to our website or use any of our website services, we will ask you to expressly agree to these terms and conditions.

1.4     You must be at least 18 years of age to use our website; and by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.

1.5     Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy policy available on our website too.

2.         Credit

2.1     This document was created using a template from SEQ Legal (http://www.seqlegal.com).

3.         Copyright notice

3.1     Copyright (c) 2015 CoGoodwill

3.2     Subject to the express provisions of these terms and conditions:

(a)      we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and

(b)      all the copyright and other intellectual property rights in our website and the material on our website are reserved.

4.         Licence to use website

4.1     You may:

(a)      view pages from our website in a web browser;

(b)      download pages from our website for caching in a web browser;

(c)      print pages from our website;

(d)      share pages from our website;

(e)      reproduce content from our website for personal use only,

(f)      stream audio and video files from our website; and

(g)      follow life stories,

(i)       unfollow life stories,

(j)      comment on life stories,

 

(k)  support life stories financially and/or non-financially

· Financial support: amount of money in GBP provided to a selected life story on our website upon your decision paying with balance / credit card in order to make the life story become a success story.

· CoGoodwill Contribution Fee: additional 14 % in GBP which is added automatically to the amount of money in GBP you provided to a selected life story and means your contribution to our revenue sharing model:

 CoGoodwill -> you contribute to our expenses e.g. transfer the amount of money raised for a selected life story when its campaign ends,

Our partner -> you contribute to our financial support provided to our partner of a selected life story in order to support our partner’s work, therefore you support not only our life stories but our partners too,

You -> you contribute to our financial support to you in order to inspire you to support more and more life stories on our website.

For example: if you decide to support a life story and pay GBP 100; GBP 100 goes to a selected life story and you pay GBP 14 as CoGoodwill Contribution Fee. We charge GBP 114 in total.

· Non-financial support: any kind of support not involving financial matters provided to a selected life story on our website upon your decision in order to make a life story become a success story:

any kind of material support what may support a selected life story: gift, present, voucher, bed…etc.,

any kind of services you offer free of charge for a selected life story: training, medical treatment, advice, consultation, coaching…etc.

(l)       support life stories financially and pay with balance or pay with credit card:

pay with balance: due to our revenue sharing model you will receive our financial support after you got involved in supporting a life story financially and it will be added to your account on our website. Then you can use your balance to support additional life stories on our website.

pay with credit card: you may use your credit card through our payment gateway provided by Stripe (https://stripe.com)

(m)     share life stories from our website,

(n)      send messages to fellow users who supported the same life story,

(o)      with your personal account you may join us as an Ambassador

(We are seeking for Ambassadors all around the world in order to connect with organisations, foundations, charity services with limited services to introduce CoGoodwill services to them and support their work.),

(p)      or with your company account you may join us as a Sponsor

(We are seeking for Sponsors all around the world to help people in need, solve social problems more completely and define concrete CSR programs.),

(q)      you may become our Partner if you manage an organisation, foundation or any charity services with limited resources and would like to use CoGoodwill as a new tool for asking additional help. Please learn more about our partners on our website.

(Our partners recommend real life stories of people in need after a signed agreement between our partners and people of life stories.)

          subject to the other provisions of these terms and conditions.

4.2     Except as expressly permitted by Section 4.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.

4.3     You may only use our website for your own personal and business purposes, and you must not use our website for any other purposes.

4.4     Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.

4.5     Unless you own or control the relevant rights in the material, you must not:

(a)      republish material from our website (including republication on another website) for a commercial purpose;

(b)      sell, rent or sub-license material from our website;

(c)      show any material from our website in public for a commercial purpose;

(d)      exploit material from our website for a commercial purpose; or

(e)      redistribute material from our website for a commercial purpose.

4.6.    We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

5.         Acceptable use

5.1     You must not:

(a)      use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;

(b)      use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(c)      use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

(d)      conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;

(e)      access or otherwise interact with our website using any robot, spider or other automated means;

(f)      violate the directives set out in the robots.txt file for our website; or

(g)      use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing) without getting permission first.

5.2     You must not use data collected from our website to contact individuals, companies or other persons or entities.

5.3     You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.

6.         Registration and accounts

6.1     You may register for personal or company account on our website.

6.2     To be eligible for an individual, personal account on our website under this Section 6, you must be at least 18 years of age. To be eligible for a company account on our website under this Section 6, you must own or work for a company registered on our website.

6.3     You may register for an account with our website by completing and submitting the account registration form on our website, and clicking on the verification link in the email that the website will send to you. You are responsible for your account and all your activity on it.

6.4     You must not allow any other person to use your account to access the website.

6.5     You must notify us in writing immediately if you become aware of any unauthorised use of your account.

6.6     You must not use any other person's account to access the website, unless you have that person's express permission to do so.

7.         User IDs and passwords

7.1     If you register for an account with our website, you will be asked to register with your email address (user ID) and choose a password.

7.2     Your user ID must not be liable to mislead and must comply with the content rules set out in Section 10; you must not use your account or user ID for or in connection with the impersonation of any person.

7.3     You must keep your password confidential.

7.4     You must notify us in writing immediately if you become aware of any disclosure of your password via technicalsupport@cogoodwill.com.

7.5     You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.

8.         Cancellation and suspension of account

8.1     We may:

(a)      suspend your account;

(b)      cancel your account;

if you do not follow the rules set out in Section 10.

8.2     You may cancel your account on our website contacting customercare@cogoodwill.com by email.

9.         Your content: licence

9.1     In these terms and conditions, "your content" means all of your online written communication (including comments, messages, emails) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.

9.2     You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute your content on and in relation to this website, and in any existing or future media.

9.3     You grant to us the right to sub-license the rights licensed under Section 9.2.

9.4     You grant to us the right to bring an action for infringement of the rights licensed under Section 9.2.

9.5     You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.

9.6     You may edit your content to the extent permitted using the editing functionality made available on our website.

9.7     Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.

10.      Your content: rules

10.1    You warrant and represent that your content will comply with these terms and conditions.

10.2    Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

10.3    Your content, and the use of your content by us in accordance with these terms and conditions, must not:

(a)      be libellous or maliciously false;

(b)      be obscene or indecent;

(c)      infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;

(d)      infringe any right of confidence, right of privacy or right under data protection legislation;

(e)      constitute negligent advice or contain any negligent statement;

(f)      constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;

(g)      be in contempt of any court, or in breach of any court order;

(h)      be in breach of racial or religious hatred or discrimination legislation;

(i)       be blasphemous;

(j)      be in breach of official secrets legislation;

(k)      be in breach of any contractual obligation owed to any person;

(l)       depict violence in an explicit, graphic or gratuitous manner;

(m)     be untrue, false, inaccurate or misleading;

(n)      constitute spam;

(o)      be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or

(p)      cause annoyance, inconvenience or needless anxiety to any person on this website

(q)      be pornographic, lewd, suggestive or sexually explicit.

11.      Limited warranties

11.1    We do not warrant or represent:

(a)      the completeness or accuracy of the information published on our website;

(b)      that the material on the website is up to date.

11.2    We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.

11.3    To the maximum extent permitted by applicable law and subject to Section 12.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.

12.      Limitations and exclusions of liability

12.1    Nothing in a contract under these terms and conditions will:

(a)      limit or exclude any liability for fraud or fraudulent misrepresentation;

(b)      limit any liabilities in any way that is not permitted under applicable law; or

(c)      exclude any liabilities that may not be excluded under applicable law.

12.2    The limitations and exclusions of liability set out in this Section 12 and elsewhere in a contract under these terms and conditions:

(a)      are subject to Section 12.1; and

(b)      govern all liabilities arising under that contract or relating to the subject matter of that contract, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in that contract.

12.5    We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

12.6    We will not be liable to you in respect of any loss or corruption of any data.

12.7    We will not be liable to you in respect of any special, indirect or consequential loss or damage.

12.8    You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

13.      Breaches of these terms and conditions

13.1    Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:

(a)      send you one or more formal warnings;

(b)      temporarily suspend your access to our website;

(c)      permanently prohibit you from accessing our website;

(d)      block computers using your IP address from accessing our website;

(e)      contact any or all of your internet service providers and request that they block your access to our website;

(f)      commence legal action against you, whether for breach of contract or otherwise; and/or

(g)      suspend or delete your account on our website.

13.2    Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

14.      Variation

14.1    We may revise these terms and conditions from time to time.

14.2    The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions if you do not agree to the revised terms and conditions, you must stop using our website.

14.3    If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, you must stop using the website.

15.      Assignment

15.1    You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.

15.2    You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

16.      Severability

16.1    If a provision of a contract under these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

16.2    If any unlawful and/or unenforceable provision of a contract under these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

17.      Third party rights

17.1    A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

17.2    The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.

18.      Entire agreement

18.1    Subject to Section 12.1, these terms and conditions, together with our privacy policy available on our website, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.

19.      Law and jurisdiction

19.1    A contract under these terms and conditions shall be governed by and construed in accordance with English law.

19.2    Any disputes relating to a contract under these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.

20.      Statutory and regulatory disclosures

20.1    We are registered in The Registrar of Companies for England and Wales; you can find the online version of the register at
https://www.gov.uk/government/organisations/companies-house
and our registration number is 09618985.

20.2    We are subject to Companies Act 2006 which is supervised by Parliament of the United Kingdom.

20.3    We are registered as CoGoodwill Ltd. with The Registrar of Companies in the United Kingdom and are subject to Companies Act 2006, which can be found at
http://www.legislation.gov.uk/ukpga/2006/46/pdfs/ukpga_20060046_en.pdf

20.4    We subscribe to Electronic Commerce (EC Directive) Regulations 2002 which can be consulted electronically at

http://www.legislation.gov.uk/uksi/2002/2013/contents/made

21.      Our details

21.1    This website is owned and operated by CoGoodwill Ltd

21.2    We are registered in England and Wales under registration number 09618985, and our registered office is at 40 Bloomsbury Way 
Lower Ground Floor, London, United Kingdom WC1A 2SE 

21.3    Our principal place of business is at 40 Bloomsbury Way 
Lower Ground Floor, London, United Kingdom WC1A 2SE 

21.4    You can contact us by writing to the business address given above, by using our website contact form, by email to customercare@cogoodwill.com or by telephone on +44 7948 172418.