Terms and Conditions | The Dust Project

The Dust Project

Website Terms and Conditions

1. Introduction

1.1 These terms and conditions govern your use of our website.

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

2. Copyright notice

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

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

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

3. License to use website

3.1 You may:

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

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

subject to the other provisions of these terms and conditions.

3.2 Except as expressly permitted by Section 3.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.

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

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

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

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

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

(e) redistribute material from our website.

3.5 Notwithstanding Section 3.5, you may redistribute our newsletter in print and electronic form to any person.

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

4. Acceptable use

4.1 You must not:

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

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

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

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

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

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

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

5. Donations

5.1 You may make donations to our charitable causes through the website by clicking on the “Donate” button on our website and submitting payment.

5.2 Donations are non-refundable.

5.3 You acknowledge that, if you make a donation to us in accordance with this Section 5, then our donation payment services provider may receive payment processing fees which will be deducted from the amount received by us.

5.4 If you make donations to us by standing order, you may cancel future donations at any time by cancelling the standing order.

5.5 If you make donations to us by direct debit, then you may notify us at any time that you wish to cancel the direct debit, and we will not request any further direct debit payments after receipt of your cancellation request. Direct debit cancellation notifications should be given in writing and sent to us by email or post.

6. Your content: license

6.1 In these terms and conditions, “your content” means all blog comments and other works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.

6.2 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to reproduce, store and publish your content on and in relation to this website and any successor website.

6.3 You grant to us the right to sub-license the rights licensed under Section 6.2.

6.4 Without prejudice to our other rights under these terms and conditions, we may delete, unpublish or edit any or all of your content.

7. Your content: rules

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

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

8. Limited warranties

8.1 We do not warrant or represent:

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

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

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

8.3 To the maximum extent permitted by applicable law and subject to Section 9.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.

9. Limitations and exclusions of liability

9.1 Nothing in these terms and conditions will:

(a) limit or exclude any liability for death or personal injury resulting from negligence;

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

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

9.2 The limitations and exclusions of liability set out in this Section 9 and elsewhere in these terms and conditions:

(a) are subject to Section 9.1; and

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

9.3 To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.

9.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

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

9.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.

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

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

10. Breaches of these terms and conditions

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

(a) send you one or more formal warnings;

(b) temporarily suspend your access to our website;

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

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

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

11. Third party websites

11.1 Our website includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.

11.2 We have no control over third party websites and their contents, and subject to Section 9.1 we accept no responsibility for them or for any loss or damage that may arise from your use of them.

12. Trade marks

12.1 THE DUST PROJECT, our logos and our other registered and unregistered trade marks are trade marks belonging to us; we give no permission for the use of these trade marks, and such use may constitute an infringement of our rights.

12.2 The third party registered and unregistered trade marks or service marks on our website are the property of their respective owners and, unless stated otherwise in these terms and conditions, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.

13. Variation

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

13.2 The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.

14. Assignment

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

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

15. Severability

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

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

16. Entire agreement

16.1 Subject to Section 9.1, these terms and conditions, together with our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.

17. Law and jurisdiction

17.1 These terms and conditions shall be governed by and construed in accordance with English law.

17.2 Any disputes relating to terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.

18. Charitable status

18.1 We are registered as a charity in the United Kingdom with the Charity Commission. Our registration number is 1155728. You can find details of our registration at:

http://apps.charitycommission.gov.uk/Showcharity/RegisterOfCharities/registerhomepage.aspx.

18.2 Our charitable objects are as follows: the relief of poverty and hardship among children and young people living in developing communities in such parts of the world by the provision of shelter, food, health, education and other such charitable services as the trustees may from time to time think fit in particular through the construction and refurbishment of orphanages, schools and accommodation.

19. Our details

19.1 This website is owned and operated by The Dust Project, a company limited by guarantee.

19.2 We are registered in England and Wales under registration number 08822786, and our registered office is at Lark Rise, Sandy Down, Boldre, Lymington, Hampshire SO41 8PL Telephone No. 01590 624686.

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Terms & Conditions