Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE OPEN UNIVERSITY’S WEBSITE

Terms and Conditions

Your use of this website and the products and services offered and supplied via this website (referred to collectively as the "Services" in this document), whether as a guest or a registered user, is subject to the following legal terms and conditions, which are effective and binding between you and The Open University. Use of The Open University’s website includes accessing, browsing, or registering to use The Open University's website. Please read these terms and conditions carefully before you start to use The Open University's website, as these will apply to your use of The Open University's website. If you do not wish to be bound by these terms and conditions, you should not continue to use or access The Open University's website or use any other of the Services. The Open University recommends that you print a copy of these terms and conditions, or save them to your computer, for future reference.

The Open University’s website is provided by The Open University’s third party service provider, Sponsorcraft Ltd, on behalf of The Open University, and these terms and conditions operate between you and The Open University only. Sponsorcraft Ltd has no contractual relationship with you, except in relation to any third party rights which Sponsorcraft Ltd may enforce under this contract. Your attention is drawn to the paragraph immediately below and the paragraphs entitled “Fundraising”, “Payments and fees” and “Stripe Adaptive Payments & Chargeback Policy“.

Your use of any other services or websites which are similar to the Services and which are provided by a third party, including any third party services or websites which The Open University’s website links to (including other services or websites operated by Sponsorcraft Ltd), is subject to the legal terms which govern usage of those other services, and The Open University has no responsibility whatsoever for such usage.

The Open University is a body incorporated by Royal Charter (number RC 000391), with charitable status in England and Wales, registered as a charity in Scotland (No. SC038302); and with its address at Walton Hall, Milton Keynes, Buckinghamshire, MK7 6AA. The Open University is an exempt charity with VAT number GB650 748918.

The terms and conditions set out in this document form a legally binding agreement between you and The Open University in relation to your use of the Services. It is important that you take the time to read them carefully.

Collectively, this legal agreement is referred to below as the "Terms". These Terms, and the contract between you and The Open University, are only in the English language. The Open University considers that these Terms, together with The Open University's Privacy Policy, your request to register as a user of the Site, and any other terms relating to fees or other matters which are agreed to in writing by you and The Open University, constitute the whole agreement between you and The Open University.

The term ‘Creator’ means The Open University involved in a Project through its authorized personnel. The term ‘Project’ means any Project approved by The Open University and posted on The Open University’s website. The term ‘Sponsor’ means any organisation or individual contributing financially to a Project. The term 'Content' means any content, including (but not limited to) videos, audio clips, text, software, pictures and other features and information which The Open University has made available as part of the Services, including content which you have uploaded to the Site in accordance with the Terms. The “Site” means The Open University.

Accepting the Terms

In order to use the Services, you must firstly agree to the Terms. By using the Site, you confirm that you accept the Terms and that you agree to comply with them. If you do not agree to the Terms, you must not use the Site or otherwise use the Services. You can accept the Terms by actually using the Services. Accordingly, you understand and agree that The Open University will treat your use of the Services as acceptance of the Terms from that point onwards. The Services are offered subject to your acceptance of the Terms, which also incorporate the Privacy Policy, and all other operating rules, policies and procedures that may be published from time to time on the Site by The Open University, each of which is incorporated by reference and each of which may be updated by The Open University from time to time without notice to you. In the event of any inconsistency or conflict between the terms, the Privacy Policy, your request to register as a user of the Site, and/or any other terms relating to fees or other matters which are agreed to in writing by you and The Open University, the Terms shall have priority.

The Services are available only to individuals who are at least 18 years old. You represent and warrant that you are of legal age to form a binding contract, and that all registration information you submit is truthful and correct. The Open University reserves the right to: (a) refuse the Services to anyone at any time without notice and for any reason; and (b) change its eligibility criteria at any time without notice and for any reason. You may not use the Services and may not accept the Terms if: (a) you are not of legal age to form a binding contract with The Open University; (b) you are not normally resident in the UK or the country from which you use the Services; or (c) you are a person not allowed to receive or use the Services under the laws of England and Wales or any other countries including the country in which you are resident or from which you use the Services.

For the steps you need to take to pledge sponsorship monies to a Project with The Open University, please see /faq/about/.

Changes to the Terms

The Open University reserves the right to alter or replace the Terms, or to change, suspend or discontinue the Services at any time, by posting on the Site or by sending you an email. You agree that The Open University may limit the Services or restrict your access to parts or all of the Services without notice or liability. It is your responsibility to check the Terms periodically for changes, as they are binding on you. You agree that in continuing to use the Services following the posting of any changes to the Terms such continued use constitutes acceptance of those changes.

Conduct

You agree to use the Site and all Services responsibly and legally and not to use the Services for any purpose that is prohibited by the Terms. The Services are provided solely for your use in relation to a Project or Projects as the case may be. You are responsible for all of your activity in connection with the Services.

Under the Terms you are prohibited from taking any action in relation to your use of the Services which:

  • infringes any patent, trade mark, copyright, right of publicity or other such right of any other person or entity or violates any law or contractual duty;
  • is false, misleading or inaccurate;
  • is obscene, offensive, or unlawful in any way;
  • constitutes spam, junk mail or advertising which has not been authorised in writing by The Open University; results in software viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful interfering with, damaging or destroying the proper function of the Services; or impersonates any person or entity, including any employee or representative of The Open University.

Additionally, you agree not to:

  • take any action that imposes or may impose (as determined by The Open University in its sole discretion) an unreasonable or disproportionately large load on Sponsorcraft Ltd’s infrastructure;
  • engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services), including (but not limited to) attacking the Site via a denial-of-service attack or a distributed denial-of service attack;
  • access (or attempt to access) any of the Services by any means other than through the interface that is provided by The Open University via Sponsorcraft Ltd, unless you have been specifically allowed to do so in a separate agreement with The Open University. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and agree not to run any form of spam or auto-responder on the Services.

If you breach this provision, you may be committing a criminal offence. The Open University will report any such breach to the relevant law enforcement authorities and The Open University will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.

The Open University does not guarantee that any Content will be made available on or through the Services. The Open University has no obligation to monitor the Services or content. However, The Open University reserves the right to remove, edit or modify any Content in its sole discretion from the Services at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such content or if The Open University is concerned that you may have violated the Terms).

You are responsible for configuring your information technology, computer programmes and platform in order to access the Site. You should use your own virus protection software.

Registration

In order to use parts of the Services, you may be required to register with The Open University and select a password and “user name”. You shall not:

  • create or use as a user name the name of another person with the intention of impersonating that person;
  • use as a user name a name which is subject to any rights of a person other than you without appropriate authorisation; or
  • use as a user name a name which is offensive or inflammatory as deemed by The Open University in its sole discretion.

The Open University reserves the right to refuse registration of or to cancel a user name in its sole discretion and to disable any user name or password, at any time, if in its reasonable opinion you have failed to comply with any of the provisions of the Terms. You agree not to use another user’s account without such other user’s express permission.

You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services. You must not disclose this information to any third party. If you become aware of any unauthorized use of your password or of your account, you agree to notify The Open University immediately by email to giving@open.ac.uk.

Accordingly, you agree that you are solely responsible for all activities that occur under your account.

Sponsorcraft Ltd reserves the right to refuse registration of or to cancel a user name in its sole discretion. You agree not to use another user’s account without such other user’s express permission.

You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services. If you become aware of any unauthorized use of your password or of your account, you agree to notify Sponsorcraft Ltd immediately in writing.

Accordingly, you agree that you are solely responsible for all activities that occur under your account.

Fundraising

The Open University shall not be liable for your interactions with any organisations, Sponsors or individuals found on or through the Services. This includes, but is not limited to, delivery of goods and services, and any other terms, conditions, warranties or representations associated with listings on the Site. The Open University does not exercise control over the timings or performance of Projects in any way; does not warrant that Sponsors’ pledges will result in any outcome; and is not responsible for any dissatisfaction you may have regarding use of Sponsor's pledges, including any misuse of Sponsors’ pledges. The Open University is not responsible for any damage or loss incurred as a result of any such dealings in relation to the Projects or otherwise.

The Open University is under no obligation to become involved in disputes between Sponsors, or between site members and any third party. In the event of a dispute, you agree not to pursue The Open University, its officers, employees, agents, Sponsorcraft Ltd or successors in relation to any claims arising out of or related to such disputes and agree that The Open University, its officers, employees, agents, Sponsorcraft Ltd and successors are exempt from and not subject to such claims.

The Open University reserves the right to remove a Project from the Services and cancel all associated Sponsors' pledges at any time for any reason. Creators may initiate refunds at their own discretion.

Payments and Fees

All funds are collected via Stripe. Neither The Open University nor Sponsorcraft Ltd is responsible for the performance or fairness of Stripe, and neither The Open University nor Sponsorcraft Ltd is responsible for any Stripe fees. Given the occasional failures of some credit cards, neither The Open University nor Sponsorcraft Ltd can guarantee the full receipt of the funds raised. The Open University will apply the sponsorship monies pledged by Sponsors to the relevant Project fund for The Open University within 7 working days of The Open University receiving those monies from Stripe account.

Sponsorcraft does not charge processing fees for projects on hubbub.net. If your Project does not reach its funding target no fees are charged by either Sponsorcraft or Stripe. Stripe apply a fee to the funds raised by successful Projects. This fee is dependent on the size of donations and may change over time. Please visit Stripe's Fees page and Stripe's Fees page for more information on their costs.

Stripe Adaptive Payments & Chargeback Policy

The possibility of chargebacks to The Open University is very unlikely. However, in the event that Stripe or any other relevant entity such as a court of law deems that a chargeback is necessary, the Creator assumes the responsibility for all fees and chargebacks as appropriate and will deal directly with Stripe in such cases as required to ensure the issue is resolved.

This policy is in keeping with Stripe's policy that during the Adaptive Payments transaction, The Open University as the Project Creator is the Primary Receiver. For more information, please see Stripe's Adaptive Payments section on Stripe's website.

The Stripe Service (debit / credit card payments) Stripe is a payment service which allows Creators to accept and process credit card, debit card and other types of card payments from their Sponsors. By registering with Stripe, the Creator accepts Stripe’s terms and conditions which can be found at https://stripe.com/terms

Third party websites

The Services may contain links to other websites or resources on the Internet, and other websites or resources may contain links to the Site. You acknowledge that The Open University is not responsible or liable for the content or any aspect of such third party websites and you use them at your own risk. The fact that The Open University provides links to certain third party websites does not in any way constitute endorsement of or association with such websites by The Open University. Furthermore, you acknowledge and agree that The Open University shall not be responsible or liable for any damage or loss caused by your use of any such website or resource.

Linking to the Site

You may link to any page of the Site, provided you do so in a way that is fair and legal and does not damage The Open University’s reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on The Open University’s part where none exists. You must not establish a link to the Site in any website that is not owned by you. The Site must not be framed on any other site.

The Open University reserves the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with the content requirements set out in these Terms. If you wish to make any use of content on the Site other than that set out above, please contact giving@open.ac.uk.

Content

You acknowledge that all Content which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated.

You should be aware that Content presented to you as part of the Services may be protected by intellectual property rights which are owned by those who provide Content to The Open University (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by Sponsorcraft Ltd or by the owners of that Content, in a separate agreement.

The Open University reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any part of the Services.

You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.

You agree that you are solely responsible for (and that The Open University has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which Sponsorcraft Ltd may suffer) by doing so. In particular, The Open University will not be responsible, or liable to any third party, for the content or accuracy of any Content posted by you or any other user of the Site.

Whenever you make use of a feature that allows you to upload content to the Site, or to make contact with other users of the Site, you must comply with the Terms. You warrant that any such contribution does comply with the Terms, and you will be liable to The Open University and indemnify The Open University for any breach of that warranty. This means you will be responsible for any loss or damage which The Open University suffers as a result of your breach of warranty.

No Content is intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the Content on the Site.

The views expressed by other users on the Site do not represent The Open University's views or values.

Licence from The Open University

The Open University gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive licence to use the Content provided to you by The Open University as part of the Services. This licence is for the sole purpose of enabling you to use the Services as provided by The Open University, in the manner permitted by the Terms. Use, reproduction, modification, distribution or storage of any part of the Services (including any Content) other than for personal, non-commercial use is expressly prohibited without prior written permission from The Open University.

You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of any part of the Services, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by The Open University in writing.

Unless The Open University has given you specific written permission to do so, you may not assign (or grant a sub-licence of) your rights to use the Services, grant a security interest in or over your rights to use the Services, or otherwise transfer any part of your rights to use, or obligations in relation to, the Services.

Content licence from you

You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Services. By submitting, posting or displaying the Content you give The Open University a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive licence to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on, or through, the Services. This licence is for the sole purpose of enabling The Open University to display, distribute and promote the Services.

You understand that The Open University, in performing the required technical steps to provide the Services to our users, may make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this licence shall permit The Open University to take these actions.

You confirm and warrant to The Open University that you have all the rights, power and authority necessary to grant the above licence.Other than the limited licence set out above, The Open University acknowledges and agrees that it obtains no right, title or interest from you under these Terms in or to any Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with The Open University, you agree that you are responsible for protecting and enforcing those rights and that The Open University has no obligation to do so on your behalf.

Copyright issues

It is The Open University's policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law and to terminate the accounts of repeat infringers.

You must not reproduce our logo or intellectual property without our express written permission.

If you wish to make an inquiry or report a copyright infringement, you can do so by contacting us either by post to do so by contacting us either by post to Walton Hall, Milton Keynes, MK7 6AA, or by email to giving@open.ac.uk.

Termination

The Open University reserves the right to terminate your account or restrict access to all or any part of the Services at any time without notice or cause and such termination and/or restriction will be effective immediately. This may result in the forfeiture and destruction of all information and/or Content associated with your membership. If you wish to terminate your account at any time, please contact us by email at giving@open.ac.uk. The Open University will effect the termination of your account, and remove your information from the Site, as soon as reasonably possible.

When the supply of the Services to you is terminated, for whatever reason, certain legal rights, obligations and liabilities that you and The Open University have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation and shall continue to have full force and effect. These include (but are not limited to) your obligations in relation to conduct, content, intellectual property rights, payment and indemnification, and The Open University’s rights in relation to payment, content, intellectual property rights, warranty disclaimer, limitation of liability and indemnification. The “General Legal Terms” section near the end of this document shall also continue to have full force and effect.

Warranty Disclaimer

You agree and acknowledge that The Open University has no special relationship with or fiduciary duty to you. You acknowledge that Sponsorcraft Ltd cannot control, nor has it any obligation to act in relation to:

  • the way in which you utilise the Content;
  • what Content you access via the Site;
  • the impact the Content may or may not have on you;
  • which users gains access to the Site; or
  • what actions you may take as a result of having been exposed to the Content.

You agree that The Open University is not liable for you having acquired or not acquired Content through the Site. The Open University does not guarantee that the Site, or any Content on it, will always be available or be uninterrupted. Access to the Site is permitted on a temporary basis. The Open University may suspend, withdraw, discontinue or change all or any part of the Site without notice. The Open University will not be liable to you if for any reason the Site is unavailable at any time or for any period. The Services are provided "as is" and "as available" and are without warranty of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed. The Open University, and its directors, employees, agents, suppliers, partners and content providers do not warrant that: (a) the Services will be secure or available at any particular time or location; (b) the Site, or any Content on it, will be free from errors or omissions; (c) the Content on the Site is accurate, complete or up-to-date; (d) any defects or errors will be corrected; (e) any content or software available at or through the Services is free of viruses or other harmful components; or (f) the results of using the Services will meet your requirements. Your use of the Services is solely at your own risk.

Indemnification

In the event that any action you take in relation to the Services constitutes an infringement by you or anyone else using your account of any intellectual property rights whatsoever, or constitutes defamation or the abuse of another user’s privacy, and such action results in claims, liabilities and expenses relating to such action, you shall defend, indemnify and hold unaccountable The Open University, its employees, directors, Sponsorcraft Ltd and all other parties associated with The Open University from such claims, liabilities and expenses. This means you will be responsible for any loss or damage which The Open University suffers as a result of any such action.

The Open University reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate fully with The Open University in asserting any available defences.

Limitation of Liability

Nothing in these Terms excludes or limits The Open University’s liability for death or personal injury arising from The Open University’s negligence, or its fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

As a Sponsor, you agree not to use the Site for any commercial or business purposes, and The Open University has no liability to you for any loss of profit, loss of business, business interruption,or loss of business opportunity.

The Open University is not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of The Open University’s breach of the Terms or if it was contemplated by you and The Open University at the time we entered into this contract. The Open University shall not be liable for any damage whether in contract,tort (including negligence), breach of statutory duty or otherwise, even if foreseeable, arising under or in connection with:

  • Use of, or inability to use, the Site;
  • use of or reliance on any Content displayed on the Site;
  • data loss, cost of procurement of substitute goods or services, consequential damages of any kind whatsoever, substitute goods or services (however arising); or
  • a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or to your downloading of any content on it, or on any website linked to it.

Electronic notification policy

By using the Services, you consent to receiving from The Open University all communications including notices, agreements, legally required disclosures or other information in connection with the Services (collectively, "Contract Notices") electronically.

The Open University may provide such electronic Contract Notices by posting them on the Site. If you desire to withdraw your consent to receive Contract Notices electronically, you must discontinue your use of both the Site and the Services.

Customer service

If you wish to make an inquiry or complaint, you can do so by post at Walton Hall, Milton Keynes, MK7 6AA, or by email at giving@open.ac.uk.

Gift Aid

The Open University may include a Gift Aid option and any such option will be subject to the additional legal terms covering this.

General legal terms

You agree that The Open University may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.

The Open University may transfer its rights and obligations under the Terms to another organisation, and The Open University will always notify you in writing if this happens, but this will not affect your rights or The Open University’s obligations under the Terms.

You agree that if The Open University does not exercise or enforce, or delays in exercising or enforcing, any legal right or remedy which is contained in the Terms (or which The Open University has the benefit of under any applicable law), this will not be taken to be a formal waiver of The Open University’s rights and that those rights or remedies will still be available to The Open University (and does not mean that you do not have to comply with your obligations). If The Open University does waive a default by you, The Open University will only do so in writing, and that will not mean that The Open University will automatically waive any later default by you.

This contract is between you and The Open University. A person who is not a party to the Terms has no right to rely on or enforce any of the Terms.

Each of the paragraphs of the Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

Your statutory rights as a consumer are unaffected by the Terms and you may have rights under statute additional to those granted by the Terms. If in doubt you should contact your local Citizens’ Advice Bureau or Trading Standards Office.

The Open University will not file a copy of the contract between you and The Open University.

Where the words "in writing" appear in the Terms, this includes email. If you wish to contact The Open University in writing, or if any provision in the Terms requires you to give The Open University notice in writing, you can send this to The Open University by e-mail to giving@open.ac.uk, or by pre-paid post to Walton Hall, Milton Keynes, MK7 6AA.

Governing Law

The Terms, and your relationship with The Open University under the Terms (including the subject-matter of the Terms and the formation of the contract, and any contractual or non-contractual dispute associated with your use of the Services), are governed by English law. You and The Open University agree that the courts of England and Wales shall have non-exclusive jurisdiction to resolve any such dispute. Notwithstanding this, you agree that The Open University shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

Effective Date: 19/4/2017

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