Terms

TERMS AND CONDITIONS

Introduction

Introduced: 27/01/2016

Please read these terms and conditions, made up of the general terms of use (the “General Terms of Use”) and the privacy policy (the “Privacy Policy”) and any additional terms and conditions and policies referenced herein and/or available by hyperlink (collectively the “Terms”) carefully before accessing or using MicroLoan Foundation’s website (the “Site”). By accessing or using any part of the Site you agree to be bound by the Terms. The Terms apply to all users of the Site, including without limitation users who are browsers, supporters and/or contributors of Site Content.

The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.

The General Terms of Use set out your rights and obligations in relation to access to and/or use of the Site.  The Privacy Policy explains how we use any personal information we collect about you when you use the Site or Services.

The Site is operated by MicroLoan Foundation. Throughout the Site and the Terms, the terms “we”, “us” and “our” refer to MicroLoan Foundation and the terms “you” and “your” refer to you the user.

You should print and keep a copy of these Terms for your records as at the date of accepting them.

Definitions

Services” means services provided by us through the Site, including making available the facility to donate to MicroLoan Foundation.

User” means any visitor to the Site.

GENERAL TERMS OF USE

MicroLoan Foundation is a registered charity (no 1104287 England and Wales; SC041941 Scotland) established under English law.

By using the Site you agree to be bound by these terms, which shall take effect immediately on your first use. If you do not agree to be bound by all of the following terms please do not further access or use the Site.

MicroLoan Foundation may change the Terms at any time and without notice. The date of the most recent update will be displayed on this page.

Intellectual Property

All copyright, trade marks, design rights, and other intellectual property rights (registered and unregistered) in the Site and all content (including all text, images, sound, software and other material) located on the site (“Site Content”) shall remain vested in MicroLoan Foundation or its licensors.

You may not copy, reproduce, republish, disassemble, decompile, reverse engineer, download, post, broadcast, transmit, make available to the public, or otherwise use Site content in any way except for your own personal and non-commercial use. You also agree not to adapt, alter or create a derivative work from any Site Content except for your own personal, and non-commercial use. Any other use of Site Content requires the prior written permission of MicroLoan Foundation’s Marketing and Communications Officer, contact email: marketing@mlf.org.uk.

The names, images and logos identifying MicroLoan Foundation or third parties and their Services are subject to copyright, design rights and trade marks of MicroLoan Foundation and/or third parties. Nothing contained in these terms shall be construed as conferring any licence or right to use any trade mark, design right or copyright of MicroLoan Foundation or any other third party.

Accuracy, Completeness And Timeliness Of Information

MicroLoan Foundation is committed to providing the highest standard and quality of information and every attempt has been made to present up-to-date, accurate and relevant information. No specified update or refresh date applied on the Site or on any related website, should be taken to indicate that all information on the Site or on any related website has been modified or updated.

However, the information on the Site should not be relied upon for any specific purpose and MicroLoan Foundation gives no warranty or representation as to the accuracy, completeness or relevance of the information on the Site and accepts no liability for any loss, damage or inconvenience caused as a result of reliance on such information or any access to or use of the Site including without limitation any loss of profit or indirect incidental or consequential loss. To the extent permitted by law, all warranties of any kind either express or implied are hereby expressly excluded, including but not limited to any warranties as to ownership or quality of material, or fitness for a particular purpose.

Information on the Site may be changed or updated without notice. Any queries relating to the information including queries as to its currency and accuracy should be made to the Marketing and Communications Officer, email: marketing@mlf.org.uk.  We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information if any information on the Site or on any related website is inaccurate at any time without prior notice.

Although MicroLoan Foundation takes reasonable measures to ensure that the information provided to it from third parties is accurate and not defamatory or offensive it cannot be responsible for content provided by third parties or linked pages.

Security And Virus Protection

Although care is taken to check and test material at all stages of production, MicroLoan Foundation cannot accept any responsibility for any loss, disruption or damage to your data or your computer system which may occur whilst using the Site or material derived from it. You assume full responsibility for the protection of your computer system including computer hardware, software and stored data on your computer system and hardware, software and stored data of third parties who may access, or be otherwise connected to, your computer system.

Security advice note: we recommend that when conducting an online operation you do not use a public or shared computer or a device such as a laptop or mobile phone while you are using public wireless networks. Make sure that nobody can see your confidential details whilst you are typing, logout and close your browser when you have finished. The computer you use to attach to our system should be secure, and include the latest operating system, software and anti-virus updates.

User Comments, Feedback And Other Submissions

If, at our request, you send certain specific submissions (for example, feedback) or without a request from us you send suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively “Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, remove and otherwise use in any medium any Comments that you forward to us. We are, and shall be, under no obligation: (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments.

You agree and warrant that your Comments will not violate any right of any third-party, including copyright, trade mark, privacy, personality or other personal or proprietary right. You further agree and warrant that your Comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third-party.

Prohibited Uses

In addition to other prohibitions as set forth in the Terms, you are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international or national rules, laws, or regulations; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Site or any related website, other websites, or the Internet. We reserve the right to terminate (without liability) your use of the Site or any related website for violating any of the prohibited uses.

We may, but have no obligation to, monitor, edit or remove Site Content that we determine in our sole discretion to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or which violates any party’s intellectual property or the Terms.

Linked Websites

MicroLoan Foundation makes no representations as to the security, quality or propriety of any website which may be accessed through the Site and accepts no liability for the content of any such website or for any loss or damage caused (or alleged to have been caused) by the use of or reliance on information contained in such websites or goods or services purchased therefrom.

MicroLoan Foundation, to the extent permissible by law, excludes all liability which may arise from your use or reliance on the information or contents contained in any linked site.

Disclaimer Of Warranties; Limitation Of Liability

We do not guarantee, represent or warrant that your use of our Site will be uninterrupted, timely, secure or error-free.

You agree that from time to time we may remove or suspend the availability of the Site for indefinite periods of time or cancel or suspend any part(s) of the Services at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Site or any Service is at your sole risk. The Site and Services delivered to you through the Site are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement other than that implied by law. To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to Services provided through the Site. This does not affect your statutory rights as a consumer, nor does it affect your cancellation rights.

To the maximum extent permitted by applicable law, MicroLoan Foundation, our directors, officers, employees, trustees, affiliates, agents, contractors, interns, suppliers, service providers or licensors exclude all liability for any injury, loss, claim, or any direct, indirect, incidental, or consequential damages of any kind, or any lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the Site, your reliance on the Site Content or Services provided through the Site, or for any other claim related in any way to your use of the Site or Service, including, but not limited to, any errors or omissions in any Site Content, or any loss or damage of any kind incurred as a result of the use of the Site or any Site Content (or Service) posted, transmitted, or otherwise made available via the Site, even if advised of their possibility. This does not affect your statutory rights as a consumer, nor does it affect your contract cancellation rights.

To the extent MicroLoan Foundation is, notwithstanding the foregoing, liable for any loss, such loss is limited to a maximum annual amount in aggregate of £1,000.

This section does not in any way limit our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation or for any other matters for which it would be illegal for us to exclude, or attempt to exclude, our liability.

Indemnification

You agree to indemnify, defend and hold harmless MicroLoan Foundation, subsidiaries, affiliates, trustees, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable legal fees), arising out of any non-compliance by you with these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Users’ Personal Information

The use of any personally identifiable information contained in electronic communications to the Site, and on the Site, is governed by the Privacy Policy.

Severability

In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms (such determination shall not affect the validity and enforceability of any other remaining provisions).

Termination

These Terms are effective unless and until terminated by us.  The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms for all purposes.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination and/or we may deny you access to our Site or any Services (or any part thereof).

Entire Agreement

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

The Terms and any policies or operating rules posted by us on the Site constitute the entire agreement and understanding between you and us and govern your use of the Site, any Site Content and/or Services, superseding and extinguishing any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).

No Waiver

No waiver by us shall be construed as a waiver of any preceding or succeeding breach of any provision.

MicroLoan Foundation is committed to using clear and understandable terminology in all of our documents and correspondence, however if anything within this document is unclear then please contact us.

Governing Law

These Terms and your use of the Services (including any non-contractual obligation arising out of or in connection with them) shall be governed by and construed in accordance with English law and the English courts shall have exclusive jurisdiction in connection with all matters relating to these Terms.