Terms and Conditions
- www.breastcancercampaign.org is an online charitable, awareness, fundraising, information, and education Website operated and owned by Breast Cancer Campaign and Breakthrough Breast Cancer ("Breast Cancer Campaign")
- Breast Cancer Campaign and Breakthrough Breast Cancer is a charity registered by the Charity Commission for England and Wales (no. 1160558) and a company limited by guarantee registered in England (no. 9347608) whose registered office is at Ibex House, Fifth floor, 42-47 Minories, London, EC3N 1DY.
- These terms and conditions ("Terms") apply to all and any use of the Website available at www.breastcancercampaign.org and its Content ("the Website") and all Intellectual Property Rights therein.
- the Website and references to the Website includes each part of it and the Content, which is made up of and includes:
- any and all articles, images, text, videos and other content and materials produced by or for Breast Cancer Campaign and Breakthrough Breast Cancer and made available for download from the Website ("Produced Content")
- any and all articles, images, text, videos and other content and materials uploaded, submitted, transmitted, posted or otherwise placed on the Website by its users ("User Content");
- any comments, postings, emails, messages and other communications made to or using it or any message board or similar services run or made available on or through it ("Communications").
- By "Intellectual Property Rights" what we mean is all ownership rights and interests in copyright, design right, database right, patents and any rights to inventions, know-how, trade and business names, trade secrets and trade marks (whether registered or unregistered) and any applications therefor and other like rights.
- By using the Website you represent and confirm that you understand, accept and are able to understand and accept these Terms and agree to be bound by them.
- If you do not accept or understand these Terms you should not use the Website. That includes by using, posting or accessing the Content or Communications.
- If you are under the age of 13 and don't understand these Terms or their meaning, please ask a parent or guardian to explain them and their meaning to you.
- Breast Cancer Campaign may make alterations to these Terms from time to time and these variations shall become effective immediately upon being accessible from www.breastcancercampaign.org/terms.
- To use certain features of the Website, you may need to set up an account (including setting up a username and password).
- Any username and password issued to you is personal to you, so that you can use and access the Website. You should not disclose them to any third party without Breast Cancer Campaign and Breakthrough Breast Cancer's prior written consent or let anyone other than you use your account.
- You are responsible for keeping your username and password confidential.
- You are also responsible for your account and for all use of it and any activities that occur using your username, password or other account information.
- All email and other communications sent by Breast Cancer Campaign and Breakthrough Breast Cancer (including attachments) are intended only for the addressee and/or others authorised to receive them.
Use of the Website
- You MAY download and use the Website and the Content on it via the internet solely for your private, non-commercial, personal use and related charitable purposes.
- Breast Cancer Campaign and Breakthrough Breast Cancer grants you a non-exclusive, limited licence to download and use the Website and the Content via the Internet solely for your private, non-commercial, personal use and related charitable purposes.
- These Terms and the rights granted by them do not give you any rights of ownership in the Website and should not be construed as a sale or transfer of any copyright or other right.
- You may not transfer, sub-license or deal in this right without Breast Cancer Campaign and Breakthrough Breast Cancer's prior written agreement.
- You agree not to:
- use the Website or any Content for any commercial or business purpose (this does not include charitable purposes);
- include contact details intended to facilitate communication of any sort (email address, postal address, phone number, web address etc.) in any Communication or User Content;
- use your access to the Website, or information gathered from it, for the sending of unsolicited bulk email or any spam;
- process or otherwise use the information contained on or within use the Website or any Content for any illegal or immoral purpose or use or process the same unfairly.
Content and Intellectual Property Rights
- You will be responsible for any Content that you upload, submit, transmit, post or otherwise place on or through the Website and you accept full responsibility and liability for that Content. Breast Cancer Campaign and Breakthrough Breast Cancer shall have no liability in relation thereto.
- By uploading, submitting, transmitting, posting or otherwise placing any Content on or through the Website you expressly agree and confirm that:
- you are not a minor or else have your parent's or guardian's permission to do so on these Terms;
- your Content may be used on and in connection with the Website;
- your username may be advertised and used in connection with your Content;
- you grant to Breast Cancer Campaign and Breakthrough Breast Cancer the non-exclusive, irrevocable, worldwide, perpetual, royalty free right and licence to use such Content on and / or in connection with the Website and to give all consents (if any) which Breast Cancer Campaign and Breakthrough Breast Cancer requires including under copyright and other intellectual property, data protection and privacy laws worldwide , for that use only;
- you own or have proper licences, permissions and other consents in place in respect of all features and resources used in the Content;
- any Content you submit and the use of it as envisaged by these Terms does not and will not infringe any third party Intellectual Property Rights or other rights;
- you are entitled to grant the rights granted and you are not under any contractual or other obligations preventing you from doing so;
- you have received all necessary permissions and consent required for the use of any Content by Breast Cancer Campaign and Breakthrough Breast Cancer, as described in these terms and conditions;
- that you have not granted any other person any rights that are inconsistent with the licence granted above.
Copyright, Trade Marks and other Intellectual Property Rights
- All Intellectual Property Rights in the Website design and software and all Produced Content belong to and vest in Breast Cancer Campaign and Breakthrough Breast Cancer, or are licensed to Breast Cancer Campaign and Breakthrough Breast Cancer unless otherwise specified.
- Such rights of Breast Cancer Campaign and Breakthrough Breast Cancer are hereby asserted and reserved.
- In respect of the Website (including the Content) you shall not:
- make any commercial use without Breast Cancer Campaign and Breakthrough Breast Cancer's prior written consent (this does not include use for reasonable charitable purposes);
- provide hypertext links, URL Links, graphic links, hyperlinks or other direct connection for profit or gain to them without Breast Cancer Campaign and Breakthrough Breast Cancer's prior written permission other than for reasonable charitable purposes;
- display, publish, copy, print, post or otherwise use them and the information contained therein for the benefit of any third party or Website without Breast Cancer Campaign and Breakthrough Breast Cancer's prior written consent, except for reasonable charitable purposes;
- hack, attempt to hack, modify, adapt, merge, translate, distribute, transmit, use, re-use, re-post, disassemble, decompile or reverse engineer or create derivative works out of the Website or any Content or information contained in it, for any purpose other than as expressly permitted above unless expressly permitted by applicable law;
- remove, disable, modify, add to or tamper with any program code or data, copyright, trademark or other proprietary notices and legends;
- create software which mimics data or functionality in the Website;
- use or deal in the Website except as permitted by these Terms.
- You agree to comply with all other applicable rules available on the Website.
- You must retain all copyright notices and other proprietary notices contained on the Website and the Content.
- All third party Intellectual Property Rights are the property of their respective owners and Breast Cancer Campaign and Breakthrough Breast Cancer makes no warranty or representation in relation thereto.
Forum and Communications
- the Website is an online charitable, awareness, fund raising, education and information service and ancillary to this Breast Cancer Campaign and Breakthrough Breast Cancer is involved in the transmission, hosting, caching, storage, retrieval and dealing with User Content and third party Communications without review, selection or alteration of their content - for which it is a mere conduit.
- The views expressed in any User Content or Communications are the views of the individual authors and not those of Breast Cancer Campaign and Breakthrough Breast Cancer unless specified otherwise by Breast Cancer Campaign and Breakthrough Breast Cancer.
- Breast Cancer Campaign and Breakthrough Breast Cancer is not responsible for and disclaims all liability in respect of any comments, views or remarks expressed in any User Content or Communications.
- By using the Website you acknowledge that Breast Cancer Campaign and Breakthrough Breast Cancer has no responsibility to review the content of any User Content or Communications and that all User Content and Communications are made available on the basis that Breast Cancer Campaign Breakthrough Breast Cancer is not required to and does not exercise any control or judgement concerning their contents.
- Notwithstanding the foregoing Breast Cancer Campaign and Breakthrough Breast Cancer shall be entitled to remove or reject any User Content or Communications and remove or suspend your ability to access, upload, submit, transmit, post or otherwise place User Content or Communications on or through the Website for any reason.
- You agree that Breast Cancer Campaign and Breakthrough Breast Cancer may use, publish, edit, modify and adapt your User Content and Communications for any and all purposes relating to the Website and the business of Breast Cancer Campaign and Breakthrough Breast Cancer you hereby grant it an unrestricted non-exclusive licence to do so and waive all so called moral rights in your Communications.
- You agree and undertake that you will not upload, submit, transmit, post or otherwise place User Content nor make any Communication or post to or transmit to the Website any statement or material that:
- is unlawful or which gives rise to civil or criminal liability;
- promotes any illegal or unlawful activity;
- infringes any copyright or other intellectual property right of any third party or assists infringement or piracy;
- includes any computer virus, worms, logic bombs or other malicious software or technically harmful data;
- is abusive, pornographic, defamatory, discriminatory or obscene;
- harasses any person;
- markets or promotes any third party;
- which seeks or attempts to make any arrangement to meet a child under the age of 16 or which may have such a meeting as its object or effect;
- contains any restricted material, including but not limited to passwords, medical information or confidential information of any person; or
- solicits, invites, encourages, advocates, incites or provokes any or all of the foregoing.
- It is a known risk of internet usage that people are not necessarily who they say they are. People may provide information or behave in a way that is unreliable, misleading, unlawful or illegal. Breast Cancer Campaign and Breakthrough Breast Cancer has no way of telling if statements made by other users are true. This is a decision that can only be made by you. You should therefore exercise of some degree of caution when using any Website. By using the Website and its services you accept that this is the case and accept that you therefore use the Website at your own risk. PLEASE TAKE PARTICULAR CARE IN RELATION TO THE DISCLOSURE OF YOUR OWN PERSONAL INFORMATION SUCH AS YOUR SURNAME, ADDRESS, EMAIL ADDRESS, TELEPHONE NUMBER AND PLACES YOU GO.
- Breast Cancer Campaign and Breakthrough Breast Cancer provides and maintains the Website for personal information, education and entertainment, on an "as is" basis
- Breast Cancer Campaign and Breakthrough Breast Cancer shall be liable only to provide its services with reasonable skill and care and gives no other warranty in connection with the Website.
- Third party Websites and online services to which the Website links ("External Sites") have not been verified or reviewed by Breast Cancer Campaign and Breakthrough Breast Cancer.
- All use and access of External Sites is made at your own risk.
- Breast Cancer Campaign and Breakthrough Breast Cancer gives no warranty in connection with the Website other than as expressly stated and to the maximum extent permitted by law, Breast Cancer Campaign and Breakthrough Breast Cancer excludes liability for:
- any loss or damage of any kind howsoever arising, including any direct, indirect, special, punitive or consequential loss whether or not such arises out of any problem which Breast Cancer Campaign and Breakthrough Breast Cancer has been made aware of;
- the accuracy, currency or validity of the information and material contained within any User Content or Communications or the Website;
- any interruptions to or delays in updating the Website;
- any incorrect or inaccurate information on the Website;
- the infringement by any person of any copyright or other Intellectual Property Rights of any third party through any User Content or Communication or use of the Website;
- the availability, quality, content or nature of External Sites;
- any transaction involving External Sites;
- any amount or kind of loss or damage due to viruses or other malicious software that may infect a user's computer equipment, software, data or other property caused by persons accessing, using or downloading the Website, or any User Content or Communication;
- all representations, warranties, conditions and other terms which but for this notice would have effect.
6. Breast Cancer Campaign and Breakthrough Breast Cancer does not warrant that the operation of the Website will be uninterrupted or error free.
7. Breast Cancer Campaign and Breakthrough will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen contingency beyond its the reasonable control including Internet outages, communications outages, fire, flood, war or act of God.
8. Except as provided above there are no other warranties, conditions or other Terms, express or implied, statutory or otherwise, and all such Terms are hereby excluded to the maximum extent permitted by law.
9. These Terms above are subject to your statutory and common law consumer rights and shall not limit any rights you might have as a consumer that may not be excluded under applicable law nor shall it exclude or limit Breast Cancer Campaign's liability for death or personal injury resulting from its negligence nor any fraudulent representation.
10. You agree that in relation to your use of the Website you will not in any way conduct yourself in a manner which is unlawful or which gives rise to civil or criminal liability or which might call into disrepute the Website.
11. You hereby indemnify, defend and hold Breast Cancer Campaign and Breakthrough Breast Cancer and our affiliates and officers, directors, owners, agents, information providers, affiliates, licensers and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs (including reasonable attorney’s fees) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms or claims arising from your use of the Website any Communications and any use of your membership account. You shall use your best efforts to cooperate with Breast Cancer Campaign and Breakthrough Breast Cancer in the defence of any claim. Breast Cancer Campaign and Breakthrough Breast Cancer reserves the right, at Breast Cancer Campaign and Breakthrough Breast Cancer's own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you.
Donations and Product Purchases
You can make donations to Breast Cancer Campaign and Breakthrough Breast Cancer or purchase products advertised in the Website shop ("Products") in the following ways:
- by telephoning 020 7749 4114;
- via the Website service;
- When you place an order for Products in any of the ways described above (your "Order") this will be deemed an offer to buy the Products for the price stated, subject to these Terms.
- Following acceptance Breast Cancer Campaign and Breakthrough Breast Cancer may cancel a sale and not supply the Product if it is reasonable to do so and may change or discontinue the availability of any Products at any time at its sole discretion.
- You may cancel your Order of Products at any time up to the end of the 28th calendar day after receiving it if it is unused and in its original packaging. In that case please return it to us and on receipt Breast Cancer Campaign and Breakthrough Breast Cancer shall, as soon as possible, refund or re-credit your account with any sum debited by it from your credit card or debit card or other method of payment in respect of that Product.
- Price and Payment
- Prices are quoted in UK pounds - outside the UK your credit card company should exchange the amount charged to the currency of your country at the current rate.
- Payment may be required before the Product is provided and if not ,payment is due from the moment the Order is accepted.
- Payment may be made by credit card, debit card, cheque or postal order. Outside the UK all payments must be by credit or debit card.
- Orders and Donations may be processed online, or over the phone, using a credit or debit card (currently VISA, MasterCard, Delta, Maestro and Switch/Solo). We aim to debit money from your account within three working days after receiving your Order.
- You will not be charged for any Orders that cannot be fulfilled and where appropriate Breast Cancer Campaign will re-credit to your account any sum debited by Breast Cancer Campaign and Breakthrough Breast Cancer.
- Breast Cancer Campaign and Breakthrough Breast Cancer cannot guarantee that a particular Product will always be available.
- All Order details and invoices will be sent to the credit card billing address and not the delivery address where they differ.
- In the UK, you may pay by cheque or postal order if you wish.
- Please make cheques payable to Breast Cancer Campaign and Breakthrough Breast Cancer. Please also send us a covering letter detailing your Order, cheque guarantee card number, guaranteed amount, expiry date, contact details and delivery address.
- Your statutory rights are unaffected by these Terms.
Raffle and Lottery policies
Law and disorder policy
Breast Cancer Campaign and Breakthrough Breast Cancer will only conduct its lotteries with a registered External Lottery Manager. The External Lottery Manager will:
- keep a record of all tickets that have been distributed.
- provide information for any police checks of a Lottery Ticket seller that may be carried out. They are able to provide address details and details of any monies sent in for tickets received.
- operate from a secure premises, with fire safes in situ, and contractors such as Securicor.
- process all entries and handle all monies received for a lottery. All monies are held in a trust account and paid directly to Breast Cancer Campaign and Breakthrough Breast Cancer when reconciled and invoiced.
Breast Cancer Campaign and Breakthrough Breast Cancer has robust procedures in place to ensure that the money donated to the charity is used for its charitable purposes, primarily to fund ground-breaking breast cancer research across the UK and Ireland.
The charity has a number of policies in place which help safeguard this:
· Anti-fraud policy (see attached)
· Whistleblowing Policy (see attached)
Fair and open draws policy
- All draws are conducted at the External Lottery Manager’s premises in plain sight of individuals that ensure the draw meets its obligations.
- Draws are conducted at random using a random number generator or using a blind draw.
- Draw results and winners are published on the lottery website and winners information is also available on request.
- Game rules and terms and conditions are published online, on entry forms and the reverse of tickets. A copy of the rules and terms and conditions are also available on request.
- The following telephone complaints procedure is in place:
i. Initial complaints will be dealt with at the External Lottery Managers office
ii. A log will be made of the time of the call, caller’s contact details, details of who took the call, the nature of the complaint and the resolution. These logs will be retained for 3 years.
iii. In the first instance if the complaint cannot be resolved, the External Lottery Manager will engage IBAS to mediate the dispute.
iv. If the complaint cannot be resolved the issue will be passed to Breast Cancer Campaign and Breakthrough Breast Cancer for resolution internally and feedback to the player.
- The following written complaints procedure is in place:
i. Complaints will be acknowledged within seven working days of receipt
ii. All correspondence will be logged, detailing the individual’s contact details, who dealt with the complaint, the nature of the complaint and what steps were taken to resolve the complaint. These logs will be retained for 3 years.
iii. In the first instance, if the complaint cannot be resolved, the External Lottery
Manager will engage IBAS to mediate the dispute.
iv. If the complaint cannot be resolved the issue will be passed to Breast Cancer Campaign and Breakthrough Breast Cancer for resolution internally and feedback to the player.
Responsible gambling/ problem gambling procedure
Breast Cancer Campaign and Breakthrough Breast Cancer has put in place the following procedures to encourage people to gamble responsibly and seek help should gambling become a problem:
- The gambleaware helpline number and website address is included on all tickets and entry forms to lotteries as well as our website address that includes information on gambling.
- Information is displayed on our website encouraging people to gamble responsibly and recognise the signs of problem gambling. We also include the gambleaware’s helpline and website details for people to refer to should they need further help.
- There is a limit on the number of weekly lottery entries that can be bought by an individual.
- Players can request a self exclusion from our database for further addressed lottery mailings.
Protection of children and the vulnerable
The following procedures are in place to prevent under-age players from participating in lotteries:
- The External Lottery Manager will ensure that the design, appearance and play styles of lottery does not have particular appeal to young people.
- On all data lists used for the promotion of lotteries all persons under the age of 16 will be excluded.
- The minimum age for play is detailed on the back of all tickets and entry forms produced.
- Within the Terms and Conditions of play which can be accessed by the player it clearly states that any person who falsifies their age will automatically forfeit the right to a prize, thus discouraging participation.
- Any player who is found to be less than 16 years of age will have any monies paid in relation to the lottery returned to them.
- Where lottery tickets are being sold on a regular basis in a retail environment the External Lottery Manager’s policy will be to ensure a refusal register is maintained, a “think 21” policy is in place and that under age play is incorporated into staff handbooks and training. Tickets will only be sold by those who are 16 years or over.
- For individuals who have paid online or over the telephone with a debit card, a search may be undertaken with a third party for the purpose of verifying that they are aged 16 or over.
The following procedures are in place to prevent play by vulnerable people from participating in the weekly lottery:
- The External Lottery Manager will cease any promotional activities if notice is received from a vulnerable person’s carer and remove the name of the recipient from any databases.
- Where lottery tickets are being sold in retail, we will encourage the maintenance of a refusal register for those considered incapable of making an informed decision about purchasing ticket
- Without limit to any other rights it may have Breast Cancer Campaign and Breakthrough Breast Cancer may remove, restrict, cancel or suspend access to and use of the Website and Content or other considers (in its sole discretion) that you have breached of any of these Terms. Termination shall be without prejudice to the accrued rights of Breast Cancer Campaign and Breakthrough Breast Cancer.
- Except as provided above there are no other warranties, conditions or other terms, express or implied, statutory or otherwise, and all such terms are hereby excluded to the maximum extent permitted by law (but subject to your statutory and common law consumer rights).
- Breast Cancer Campaign and Breakthrough Breast Cancer acts as principal on its own account and not as agent for you or any other person.
- If Breast Cancer Campaign and Breakthrough Breast Cancer does not enforce any provision of this agreement such will not be considered a waiver of any provision or right.
- In the event that any part of these terms and conditions is held to be unenforceable, such part will at Breast Cancer Campaign and Breakthrough Breast Cancer's option be construed as far as possible to reflect the parties' intentions and the remainder of the provisions will remain in full force and effect.
- These terms and conditions constitute the entire agreement between you and Breast Cancer Campaign and Breakthrough Breast Cancer and shall apply to the exclusion of all other terms or conditions of contract which you may purport to propose.
- Reference to the word "include" and "including" shall mean and be read as "include without limitation" and "including without limitation" in these Terms.
- Use of Breast Cancer Campaign and Breakthrough Breast Cancer and these terms are subject to the laws of England which shall exclusively govern the interpretation, application and effect of all the above permissions, exclusions, licences and conditions of use and shall be construed in accordance with the laws of England and the parties submit to the exclusive jurisdiction of the English courts.
- The Website is intended for and directed at the UK and no representation or warranty is made as to whether the Website complies with the regulatory regime and local laws of any other countries.
- By using the Website you undertake that you have the necessary hardware, software and capability required for its use including in relation to Content, Communications, email and web usage.
- All questions, comments or enquiries should be directed to Breast Cancer Campaign and Breakthrough Breast Cancer at firstname.lastname@example.org, on 020 7749 4114, via the online form or at Breast Cancer Campaign and Breakthrough Breast Cancer, Ibex House, Fifth Floor, 42-47 Minories, London EC3N 1DY.