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Terms and Conditions

Terms and Conditions: General


Welcome to the CHANGE website! These terms and conditions cover the use of the CHANGE website, including content on our site, how you can contact us, data protection, and our liabilities. These General Terms and Conditions should be read in conjunction with our Terms of Use, our Terms of Sale and our Privacy Policy (as set out below) (together the "Terms").

By using our site (www.changepeople.org ) you accept and agree to comply with these Terms. We may amend these Terms (especially if we add new products or features to our sites), so check them regularly; your continued use of our site will indicate that you accept and agree to any amendments to our Terms.

A PDF version to this Terms and Conditions document is available for you to download so you can keep a copy for your own records if you wish. We would always advise that you do this if you are making a purchase from CHANGE.

1. About us

1.1 CHANGE is a human rights organisation working with and for people with disabilities and those from marginalised groups. We believe in equal rights for all.

1.2 Our registered office address is:
Back office, first floor
Devonshire House
38 York Place
Leeds, LS1 2ED

1.3 CHANGE is a UK registered charity with registered charity number 1067579.CHANGE is also a UK registered limited company, under company number 3468738.

1.4 If you’d like to hear more about us or if you have a complaint, here are some options for how you can get in touch with us:
(a) By e-mail: info@changepeople.org
(b) By post: CHANGE, Back office, First floor, Devonshire House, 38 York Place, Leeds, LS1 2ED
(b) By telephone: 0113 242 6619
(c) By fax: 0113 242 6142

1.5 Our registered VAT number is 8284188510.

2. About our liability 

2.1 The content (i.e. the text and images) or availability of our site is provided without any guarantees, conditions or warranties, including warranties of merchantability, non-infringement of intellectual property, fitness for purpose, or accuracy or completeness of any information.

2.2 Save as expressly set out in these Terms, to the extent permitted by law, we and third parties connected to us exclude:

(a) all conditions, warranties and other terms which otherwise be implied by statute, common law or the law of equity;

(b) any liability for any direct, indirect or consequential loss or damage incurred by you in connection with our site or in connection with the use, inability to use, or results of the use of our site, any sites linked to it and any materials posted on it, or for any Products (as defined later) purchased, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable; and

(c) any liability arising from any actual or alleged infringement of third party Intellectual Property Rights (IPR), except where you are a consumer (not a business) and we have sold you an ownership right (as opposed to a licence to use) in the relevant IPRs.

2.3 If you believe that your IPR have been used in a way on our site or Products that gives right to concerns of infringement, you must notify us promptly in writing at the address set out in Paragraph 1.4(b) setting out your name, your contact details, a description of your IPR and details of the alleged infringement. We endeavour to respond promptly to all IPR owners who allege their IPR has been infringed and who notify us in accordance with this paragraph. Upon notice we may take certain actions including removing the information or Product, all of which are taken without any admission as to liability and without prejudice to any rights, remedies or defences we may have.

2.4 In the event a claim is made against you by a third party alleging that your use of our site or Product infringes their IPR, you must:

(a) notify us promptly in writing at the address set out in Paragraph 1.4(b), setting out your name, your contact details, details of the alleged infringement, together will full copies of any documents that you have received or sent;

(b) not make any admission in relation to the claim;

(c) provide us with all reasonable assistance in connection with the defence
and settlement of the claim; and

(d) permit us to have control of the defence of the claim.

2.5 Notwithstanding any of the above, our liability for losses you suffer as a result of us breaching these Terms is strictly limited to the purchase price of the Product you purchased and any losses which are a foreseeable consequence of us breaking these Terms. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.

2.6 Nothing in these Terms is intended to exclude our or your liability for death or personal injury arising from our own respective negligence.

2.7 Commentary and other materials posted or available to purchase on our site do not amount to an offer to contract or advice on which reliance should be placed, and you should interpret it as such. We disclaim and exclude all liability and responsibility arising from any reliance placed on such materials by anyone visiting our site, or by anyone who may be informed of any content on our site.

2.8 If you download material from the Website or purchase material from us, then to the extent permitted by the law CHANGE:
i. gives no guarantees, conditions or warranties;
ii. does not warrant that use of the material will not infringe other people’s copyright, patents, trademarks, rights in designs or similar rights;
iii. does not warrant any material is accurate, fit for purpose or of merchantable quality;
iv. excludes any conditions or warranties implied by law.

2.9 CHANGE’s liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of any material you purchased from us.

2.10 To the extent permitted by law, CHANGE are not responsible for any of your indirect losses, including but not limited to:
i. loss of income or revenue
ii. loss of business
iii. loss of profits or contracts
iv. loss of anticipated savings
v. loss of data, or
vi. waste of management or office time.

2.11 CHANGE shall not be liable for delay in performing, or failure to perform, our obligations resulting from events beyond our reasonable control.

3. About other bits and pieces

3.1 If these Terms or any part of them are held to be illegal, invalid or unenforceable by any court of competent jurisdiction, the remainder of these Terms will continue in full force and effect.

3.2 No relaxation or delay by us in exercising any right or remedy under these Terms shall operate as waiver of that right or remedy or shall affect our ability to subsequently exercise that right or remedy. Any waiver must be agreed by us in writing.

3.3 These Terms will be construed in accordance with and governed by English law.

3.4 We and you submit to the exclusive jurisdiction of the English courts to settle any dispute arising out of or in connection with these Terms or our site, unless you are a consumer and any applicable law gives you a right to commence proceedings in a jurisdiction other than England.

3.5 You agree that any of our related companies (and the operators of our site) may rely on and enforce these Terms, but otherwise we and you agree that no other third parties are to be given any rights under the Contracts (Rights of Third Parties) Act 1999 (UK).

3.6 You agree that we may assign or novate these Terms to anyone without notice to you.

PART 1: TERMS OF USE

1. About access to our site

1.1 Our site was prepared from sources that we believed to be accurate at the time, but we can't guarantee that the information on it will always be correct. You should use our site as a reference only and should validate any of the information you are interested in from other sources before you rely on it.

1.2 We try to update our site regularly, so we may have to suspend access, service or functionality on our site, from time to time, without notice. If required, we may have to close our site indefinitely. We will not be liable if, For any reason, our site is unavailable at any time or for any period of time. Even where you have become a registered user, you should have no expectation that our site will always be accessible or permanently available.

1.3 As information or data transmitted to or from our site passes over public telecommunications networks, we can’t promise that the operation of our site will be secure, confidential, uninterrupted or error-free. We have put measures in place to make sure our site is secure to the best of our possibilities. You agree not to do anything that does or may interfere with the proper working of our site including but not limited to tampering with, or hacking into, our site or the servers on which they reside.

2. Registered users

2.1 From time to time our site may have sections accessible only by a user identification name/code and/or password ("pass codes") or functions which only registered users may use (for instance, our product sales section). From time to time, we may restrict access to those sections, or to the entire site, to users who have registered with us. If you choose, or you are provided with, a user identification name/code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party.

2.2 We may disable or suspend your access or pass codes, whether chosen by you or allocated by us, at any time in our sole discretion. We enable you to set up and use a password protected account on our website. This is not a promise of continued use or access to our site or any data you might store on it.

2.3 Each registration is for a single user only. You must not share your user name and password with any other person nor with multiple users on a network. It is your sole responsibility to make sure your password is stored securely on your system. If an order is placed using your pass codes then you agree to be bound by that order even if you did not yourself make it, in which case the person making the order using your pass codes shall be deemed to be your agent. If you receive communications from us about an order that was placed using your pass codes and you believe that you did not place that order yourself, then you must notify us as soon as possible.

3. About content on our site

3.1 We own, or are the licensee of, the intellectual property rights in the content of our site, including but not limited to text, photos, graphic designs, images, audio, video recordings, scripts, executable files, any information published on our site and any data entered or stored by you (the intellectual property rights in which you assign to us).

3.2 Use of our site does not give you any right to use or reproduce any of its content or the trade marks on it and you agree not to use or reproduce the content or the trade marks without our prior written permission.

3.3 Our site contain links to third party sites and resources. We have no control over the contents of those sites, resources or third parties and accept no responsibility for them, or for any loss or damage that may arise from your use of them. We do not review, censor, approve, edit or endorse any information placed on third party sites or resources.

4. About use of our site

4.1 You agree to use our site in accordance with these Terms, only for lawful purposes and in a way that does not infringe the rights of anyone or restrict or inhibit anyone’s use and enjoyment of our site. If you don’t comply with these Terms, we may deny you access to our site.

4.2 You may download and print content from our site only for your private, personal and non-commercial use. We do not guarantee or warrant tha 
any material available for downloading is free from infection, viruses, trojans and/or other contaminating codes. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

4.3 Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged. Please note that where you purchase any of our images for use (see Part 2 Terms of Sale, section 6.3) you will be required under the user licence to attribute us as the author.

4.4 You agree to provide information that is truthful and accurate. You agree to use the enquiry and order forms on our site to make only genuine enquiries and/or orders for you or for other persons for whom you are authorised to act.

4.5 You will not use our site to email, post or otherwise transmit any material that is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene or profane.

4.6 You agree not to reproduce, distribute, modify or re-post our content on another site, frame or mirror our sites or link to any of our sites without our prior written consent. If you do wish to create such a link, please make such a request by contacting: info@changepeople.org

PART 2: TERMS OF SALE

1. About our order process

1.1 The advertising of Products on our site constitutes an “invitation to trade”; and your order for Products constitutes a contractual offer. No contract will come into force between you and us unless and until we accept your order in accordance with the procedure detailed below.

1.2 In order to enter into a contract to purchase Products from us, you will need to take the following steps:

(i) you must add the products you wish to purchase to your shopping cart, and then proceed to the checkout;

(ii) if you are a new customer, you must then register an account with us and log in; if you are an existing customer, you must enter your login details;

(iii) once you are logged in, you must select your preferred method of delivery and confirm your order and your consent to these Terms of Sale;

(iv) you will be transferred to payment page in order to insert your payment information; and

(v) once we have checked whether we are able to meet your order, we will either send you an order confirmation (at which point your order will become a binding contract) or we will confirm by e-mail that we are unable to meet your order.

1.3 If we cannot supply you with the Products that you have requested or the Product ordered is not in stock, we will inform you of this as soon as reasonably possible. In these circumstances we will either cancel the order (we will give you notice of this by email), or give you the option of cancelling your order or waiting until the Products can be supplied. We will give you a full refund where you have already paid for the Products and the relevant order is cancelled.

1.4 We will not file a copy of these Terms of Sale specifically in relation to your order. We may update the version of these Terms of Sale on the website from time to time, and we do not guarantee that the version you have agreed to will remain accessible. We therefore recommend that you download, print and retain a copy of these Terms for your records.

1.5 The only language in which we provide these Terms is English.

1.6 Before you place your order, you will have the opportunity of identifying whether you have made any input errors by reviewing your complete order, including delivery and invoicing address, Purchase Order Number where appropriate, goods ordered and delivery options selected, along with price and VAT, before proceeding to the payment details page. At this point you will be able to edit or confirm your order. You must correct those input errors before placing your order by selecting the ‘edit’ option and selecting confirm the order’ when you are happy with your order.

2. About our Products

2.2 You acknowledge that, as between you and us, we own all present and future copyright, trademarks, registered and unregistered trademarks, design rights, unregistered designs, database rights and all other present and future intellectual property rights and rights in the nature of intellectual property rights existing in or in relation to the Products ("IPR").

2.3 You also acknowledge that you are only permitted to use the Products for your own purposes and that you were not permitted to copy or use the Products, for any other purposes including, for example, to copy or disseminate the Products to any other persons. All licensed Products must be used in accordance with the licence terms set out in section 6 of these Terms of Sale.

2.4 Your use of CHANGE subscription packages are subject to the licence in section 6 of these Terms.

3. About our prices and payment

3.1 The price of Products are listed on our site. All prices are in pounds sterling. We reserve the right to vary any prices on our site at any time. However we’ll let you know of any changes in price before we confirm your order. Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will verify prices before we accept your order. We will contact you as soon as reasonably possible to notify you of the change in price; you may then decide to cancel your order or confirm your order at the correct price.

3.2 Most of the Products for sale on our site are VAT free. This is because VAT does not apply to educational materials such as books and some training materials.

3.3 For some Products sold in the UK or European Union, a 20% VAT rate will be added. If you are not sure whether VAT will apply to your order, this will be shown clearly at checkout, or you can contact us for more information.

3.4 The total amount of VAT charged will be shown clearly at checkout.

3.5 If you order Products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.

3.6 In addition to the price of the Products, you will have to pay a delivery charge, which will be as stated when you pay for the Product and will depend on the method of delivery you select.

3.7 Payment for all Products must be by credit or debit card. We accept payment with Visa, Mastercard, Maestro/Switch or Solo. Your card will be charged as soon as your order is confirmed. You can also pay by BACS or cheque against an invoice. To do so, please contact us at info@changepeople.org.

3.8 When you place an order and give your payment details, your payment is processed by WorldPay. They receive your details in an encrypted format, and process your details. Your payment details are not help anywhere on our site or systems. They are not held in clear text on any site.

3.9 Although our site uses encryption security software, in areas where online payment details are accepted, we cannot guarantee the security of information and payments transmitted via the internet.

3.10 Any loss incurred by you when transmitting information by means of email or other internet links shall be borne solely and exclusively by you and in no event shall any such loss in whole or in part be borne by us.

4. About delivery

4.1 Your order will be fulfilled by the delivery date set out in the Order Confirmation. This will depend on your choice of delivery method. If no delivery date is specified, then delivery shall take place within 30 days of the date of the Order Confirmation, unless there are exceptional circumstances, in which case we will notify you in writing of those circumstances.

4.2 Delivery cost are shown clearly at the checkout for each order. These are based on the total order weight and include recorded or courier delivery, to ensure the secure delivery of your order.

4.3 Delivery can be expected within 5-10 days from receipt of the order. If, for any reason, your order cannot be delivered within these timescales, you will be notified as soon as possible.

4.4 Delivery will be to the address specified in your order. If no one is available at the address at the time of delivery, the Products will be retained by the delivery company for a reasonable period of time and then returned to us. If Products are returned to us by the delivery company, we will issue you with a refund for the Products but reserve the right to retain any costs incurred in arranging for the delivery and return of the Product.

4.5 All risk in and title to the Products you order shall pass to you when they are delivered to the delivery address specified in your order.

4.4 Where Products are lost or damaged during delivery, we will re-send you the lost or damaged Product or may offer you a full refund, including delivery charges.

5. About your rights – ‘cooling off’ and refunds

5.1 Save for contracts with us for Products such as bespoke work and training, you may cancel your order at any time before you receive the Product or within 7 working days of having received the Products (the ‘Cooling Off Period’). In this case, you will receive a full refund of the price paid for the Products. We aim to process your refund to you as soon as possible and, in any case, within 30 calendar days of the day you have given notice of your cancellation. In this case, we will refund the price of the Product in full, including the cost of initially delivering the item to you.

However, you will be responsible for the cost of returning the item to us.

5.2 To cancel the contract, you must inform us in writing. You must also return the Product(s) to us immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.

5.3 You have the right to return a faulty or defective Product to us within a reasonable period of time after receipt of the Product. Please inform us in writing and return the faulty Product to us as soon as possible. We will examine the returned Product and will notify you of your refund via email within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 calendar days of the day we confirmed to you via email that you were entitled to a refund for the defective Product. Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us. In case the item has become defective after 30 days but prior to six months of receipt, please contact us to obtain information on the possibility of a repair, replacement or full or partial refund.

5.4 We will usually refund any money received from you using the same method originally used by you to pay for your purchase. As such, in order to effect a refund we may need you to submit your payment details to us directly or speak with you to arrange another refund method.

5.5 You should check all Products you receive against your order. If you receive a Product that has been incorrectly supplied then you must tell us within 7 working days of delivery. You must return the Products to us as soon as possible after notifying us that the Product has been incorrectly supplied. Please note that we will not accept the return of any incorrectly supplied Products where you fail to notify us of this within 7 working days of receiving them. If the Products which have been incorrectly supplied are notified to us with 7 working days of delivery, then we will, at your option, either provide a replacement or you may cancel your order and obtain a full refund, including delivery costs.

6. CHANGE Licensing Terms for Images and Subscriptions

6.1 General Terms

6.1.1. Subscriptions are valid for one year from purchase date.

6.1.2 CHANGE (Licensor) grants the customer (Licensee) a non-exclusive, nontransferable License for the user stipulated in the subscription to download and utilise CHANGE Images from CHANGE’s gallery.

6.1.3 If not agreed otherwise, only one user shall be permitted to use the Images.

6.1.4 All authorised users must be employees of the subscriber organisation.

6.1.5 Users may not give permission to use the Images to anyone not employed by the company/organisation.

6.1.6 The Licensee will have a set of login details to enable access the image galleries on CHANGE’s website. The Licensee agrees to keep login details confidential and secure, and ensure the details are only used in a way that complies with the Terms.

6.1.7 The Licensee may access the Images by any reasonable means, including remotely. However, the Images must only be stored on hardware owned or maintained for use of the subscribing organisation.

6.1.8 CHANGE may cancel your login registration at any time and deactivate your details if you do not comply with the Terms.

6.2 Usage

6.2.1. The Licensee acknowledges that the Licensor owns all present and future copyright, trademarks, design rights, unregistered designs, database rights and all other present and future rights of a similar nature in the products.

6.2.2 The Licensee acknowledges that CHANGE Images are protected by copyright, database right and other intellectual property rights.

6.2.3 The Licensee must give due credit to CHANGE when using the Images.This can be done via use of the Publisher’s Mark (available on request from info@changepeople.org ) or a reference on the back cover of documents or at the bottom of web pages (e.g., “Images copyright CHANGE, www.changepeople.org”)

6.2.4 The Licensee acknowledges that they are only permitted to use the Products/Images for their own purpose and are not permitted to copy or use the Products/Images for any other purposes without the prior written consent of the Licensor.

6.2.5 CHANGE Images must by no means be copied for personal use.

6.2.6 CHANGE Images are not for re-sale, rent or loan.

6.2.7 CHANGE Images may not be used for commercial gain. The Licensee is not permitted to sell or in any way profit from CHANGE resources/Images.

6.2.8 Resources and materials produced by the Licensee using CHANGE Images can only be used for commercial gain if the appropriate commercial licence is also purchased from CHANGE.

6.2.9 The Licensee acknowledges that they may only use the Images for lawful purposes.

6.2.10 The Licensee acknowledges that they will not use the Images to email, post or otherwise transmit any material that is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene or profane.

6.2.11 The Licence may be terminated by the Licensor in the event of a material breach of its terms by the Licensee.

6.2.12 All conditions, warranties, terms, representations and undertakings express or implied, statutory or otherwise in respect of the Images are expressly excluded in so far as permitted by law.

6.3 Rights and Restrictions

6.3.1 The Licensee acknowledges that the Images are protected by copyright, database right and other similar rights belonging to CHANGE.

6.3.2 The Licensee may only extract or utilise data and Images in accordance with express permission given by this license, and for no other purpose.

6.3.3 The Licensee is responsible for adherence to the Terms in the use of the Images they have purchased.

6.3.4 The Licensee may not operate a bureau service using the Images nor use them as part of a library accessible by anyone other than authorised users.

6.3.5 CHANGE is unable to provide duplicate images in the event of a loss and will not be liable to replace your lost Images.

6.3.6 If the Licensee’s use of the Images results in any liability to CHANGE, the Licensee must reimburse the licensor for all associated losses.

6.4 Termination

6.4.1 The Licensee’s right to use the Images will terminate automatically in the case that sums due for the use of the Images have not been paid.

6.4.2 The Licensor may terminate this license immediately if the Licensee materially breaches any of the Terms.

6.4.3 The Licensee can terminate this license at any time by giving written notice to the Licensor. However, no refunds or reductions are given for partused licenses, such as where a subscription still has time to run or where a quota of Images has not been downloaded. The Licensee remains liable to pay the full amounts due under the original purchase agreement.

6.4.4 On termination, you must delete any copies of Images or pay a small annual royalty fee per-image for continued usage. To get a quote for this fee, please contact info@changepeople.org

6.4.5 These Terms supersede all other commitments, representations and warranties relating to the Images, which may have been made by the Licensor or Licensee either orally or in writing.

6.4.6 The License may only be varied by way of a written document signed by both parties.

6.5 Liabilities and Indemnity

6.5.1 CHANGE reserves the right to cease operation of the CHANGE Website on a temporary or permanent basis. CHANGE will not be liable if the website is unavailable at any time.

PART THREE: GDPR STATEMENT

With the new GDPR standards being introduced on 25th of May 2018, the following is a statement on how CHANGE processes any personal data. This statement should form part of your GDPR documentation.

1. Information held

1.1 In order to carry out our work, CHANGE holds information on clients,
members, partners and all staff and volunteers:
  1. - Full name
  • - Address
  • - Job title (if applicable)
  • - Phone number
  • - Email address
  • - DBS check, NI, bank details (only for staff and volunteers)
  • - Information on protected characteristics (if applicable)
  •  
1.2 For online accounts to our website, we do not hold username or password information, or payment details.

1.3 This is a complete list of data held on individuals. If through our work we come across any other information in an individual, we do not keep a record
of it anywhere on our system.

2. Marketing/selling information, mail shots

2.1 CHANGE will never sell any information to a third-party for marketing, or any other purposes.

2.2 Occasionally, CHANGE may send out mail shots and newsletters. These will only be sent out to contacts that have explicitly agreed to be on our mailing list. All contacts have at any time the option of opting out from receiving mails shots and newsletters from CHANGE.

3. Accessing confidential data

3.1 To carry out internal analysis and reporting, to inform our work, and to organise campaigns, meeting and events, some of our staff may have access to confidential data, e.g. protected characteristics, contact details. Before adding a new contact to our database, they will be given the option to opt out of us using their personal information for different purposes.

3.2 Unless they agree to us doing so, we will never access someone’s personal data for any of the purposes stated above.

4. Destruction of data

4.1 Any information we have on an individual, in hard or soft copy, will only be kept for reasonable and purposeful amounts of time. This includes electronic records, hard copies, photos and video recordings.

4.2 Data will be destroyed afterwards by following strict security standards and procedures.

5. Data backup

5.1 Currently, CHANGE uses a secure server to backup its files. This meets physical and electronic security requirements. Backup drives are securely stored in a password protected safe, to ensure data is protected and cannot be accessed by unauthorised personnel.

 
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