Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE

Your use of the Site (meaning the website at https://jumpstart.hubbub.net) and the services offered and supplied via the Site (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 University of Nottingham (referred to below as “the University”, “we” “us” or “our”). Use of the Site includes accessing, browsing, or registering on the Site. Please read these terms and conditions carefully before you start to use the Site, as these will apply to your use of the Site. If you do not wish to be bound by these terms and conditions, you should not continue to use or access the Site or use any of the Services. We recommend that you print a copy of these terms and conditions, or save them to your computer, for future reference.

The Site and Services are provided by our third party service provider, Sponsorcraft Limited (“Sponsorcraft”), on our behalf, however these terms and conditions operate between you and us only. Sponsorcraft has no contractual relationship with you.

Your use of any other services or websites which are provided by a third party, including any third party services or websites which the Site 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 websites, and we have no responsibility whatsoever for such usage.

The University’s registered office is University Park Nottingham NG7 2RD. The University is registered in England and Wales, with company registration number RC000664. Our VAT number is GB 690 391 225. The University is a charity with charity registration number X15294. The University’s main trading address is University Park Nottingham NG7 2RD.

The terms and conditions set out in this document form a legally binding agreement between you and The 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, together with our Privacy Policy, constitute the whole agreement between you and The University relating to your use of the Site.

The term ‘Creator’ means any registered member of the University involved in a Project. The term ‘Project’ means any project posted on the site. 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 is incorporated in and on or uploaded to this website, including content which you have uploaded to this website in accordance with the Terms.

Accepting the Terms

In order to continue to access the Site or 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 or continuing to access the Site. 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, each of which may be updated by us 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, 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. We reserve 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 us; (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 register your Projects or pledge sponsorship monies to a Project, please see our FAQs.

Changes to the Terms

We reserve 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 we 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 . You are responsible for all of your activity in connection with the Services.

You must not take any action in relation to your use of the Site or 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 us;
  • 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 University .

Additionally, you agree not to:

  • take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on the Site and its 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 us via Sponsorcraft, unless you have been specifically allowed to do so in a separate agreement with us . 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. We reserve the right to report any such breach to the relevant law enforcement authorities and to 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.

We do not guarantee that any Content will be made available on or through the Services. We have no obligation to monitor the Services or content. However, we reserve the right to remove, edit or modify any Content 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 we consider (in our sole discretion) such Content may violate 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 University of Nottingham 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 we (in our sole discretion) consider is offensive or inflammatory.

We reserve the right to refuse registration of or to cancel a user name and to disable any user name or password, at any time, if we consider that you have failed to comply with any of the Terms.

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 us immediately by email to jumpstart@nottingham.ac.uk.

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

Fund-raising

We 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. We do not exercise control over the timings or performance of Projects in any way; does not warrant that Sponsors’ pledges will be used for any particular purpose; and are not responsible for any dissatisfaction you may have regarding Creators’ use of Sponsors’ pledges, including any misuse of Sponsors’ pledges. We are not responsible for any damage or loss incurred as a result of any such dealings in relation to the Projects or otherwise. All dealings are solely between you and such organisations and/or individuals as the case may be.

Weare under no obligation to become involved in disputes between Sponsors and Creators, or between site members and any third party. In the event of a dispute, you agree not to pursue the University, our officers, employees or agents, or Sponsorcraft in relation to any claims arising out of or related to such disputes and agree that the University , our officers, employees and agents and Sponsorcraft have no liability in respect of such claims.

Creators are solely responsible for fulfilling all obligations relating to their Project . We reserve 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. Neither we nor Sponsorcraft is responsible for issuing refunds for funds that have been collected by Creators.

Payments and Fees

All funds are collected for Creators via PayPal or Stripe. Neither we nor Sponsorcraft are responsible for the performance of PayPal or Stripe, and neither we nor Sponsorcraft are responsible for any PayPal or Stripe fees which will be deducted by Paypal or Stripe from funds donated. Neither we nor Sponsorcraft guarantee the full receipt of the funds raised. We will aim to transfer to Creators all monies pledged and paid by Sponsors within 15 working days of our receiving those monies from the Sponsorcraft PayPal or Stripe account.

PayPal Adaptive Payments & Chargeback Policy

The possibility of chargebacks to a Creator's account is very unlikely. However, in the event that PayPal or any other relevant entity such as a court of law deems that a chargeback is necessary, the Creator (given that it is the Primary Receiver in the Adaptive Payments' Chained Payment transaction, as defined by PayPal) assumes the responsibility for all fees and chargebacks as appropriate and will deal directly with PayPal in such cases as required to ensure the issue is resolved.

This policy is in keeping with the fact that during the Adaptive Payments' Chained Payment transaction, Sponsorcraft Ltd is the Secondary Receiver while the Creator is the Primary Receiver. For more information, please see PayPal's Adaptive Payments section on PayPal's website and specifically the Chained Payment scenario, noting that Sponsorcraft Ltd is the Secondary Receiver whereas the Creator is the Primary Receiver and therefore responsible for any and all fees and/or chargebacks.

Third party websites

The Site 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 we are 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 we provides links to certain third party websites does not in any way constitute endorsement of or association with such websites by us. Furthermore, you acknowledge and agree that we 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 our 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 our 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 website. We reserve 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 jumpstart@nottingham.ac.uk.

Content

You acknowledge that all Content which you may have access to as part of, or through your use of, the Services is 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 the provider of such Content (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 the owners of that Content, in a separate agreement.

We reserve 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 we have 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 by doing so. In particular, we are not responsible 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 us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage which we suffer as a result of your breach of this warranty.

You agree that you will not publish any Content that (a) is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive; (b) facilitates illegal activity; (c) depicts sexually explicit images; (d) promotes unlawful violence; (e) is discriminatory based on race, gender, colour religious belief, sexual orientation or disability; or (f) is otherwise illegal or causes damage or injury to any person or property. We reserve the right to remove such Content from the Site and to disable access to any such Content.

If we reasonably form the view that Content:

  • may be in breach of any third party’s rights or in contravention of applicable laws or regulations, we may without prior notice or liability suspend the relevant page of the Site, or remove that Content; or
  • may be in breach of any of the Terms or applicable law, we may without prior notice or liability access and edit or remove such Contract to rectify such breach.

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 University’s views or values.

Licence from the University

We gives you a personal, royalty-free, non-assignable and non-exclusive licence to use the Content provided to you by us as part of the Services for the sole purpose of enabling you to use the Services as provided by The University of Nottingham, 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 our prior written permission.

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 us in writing.

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 us a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive licence to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute such Content. This licence is for the sole purpose of enabling The University of Nottingham to display, distribute and promote the Services.

You agree that, in performing the required technical steps to provide the Services to our users, we 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 confirm and warrant to us that you have all the rights, power and authority necessary to grant the above licence. Other than the limited licence set out above, we acknowledge and agree that we 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. You agree that you are responsible for protecting and enforcing those rights and that we have no obligation to do so on your behalf.

Copyright issues

It is our 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 by email to jumpstart@nottingham.ac.uk

Intellectual property rights

You agree to us (and others permitted by us) doing the following in connection with the provision of the Services:

  • using and performing the Services on your behalf (including but not limited to displaying, utilising and promoting the Content together with any other such information as is required in order for the Services to function effectively);
  • allowing others to utilise the Content as part of the Services; and
  • publishing, and permitting others to publish, the name(s), trademarks, and details of you and the other Creators involved in your Projects.

You hereby agree to us using, and displaying as appropriate your trademarks, logos or similar proprietary rights solely in connection with the Services. None of the above affects your ownership rights in relation to Content you upload onto the Site.

Termination

We reserve 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. If you wish to terminate your account at any time, please contact us by email at jumpstart@nottingham.ac.uk. We will effect the termination of your account, and remove your information from the Site, as soon as reasonably possible.

Termination of your account of the Services shall not affect any pre-existing rights or obligations of either you or us nor shall it affect any rights or obligations 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 our 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 we have no special relationship with or fiduciary duty to you. You acknowledge that neither we nor Sponsorcraft can control, nor have 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.

We do not guarantee that the Site, or any Content on it, will always be available or access be uninterrupted. Access to the Site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Site without notice. We 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. We, and our 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, or if you are a Creator and you fail to make any refund which should be made resulting in us or Sponsorcraft suffering reputational or other damage, and such action results in claims, liabilities and expenses relating to such action, you shall defend, indemnify and keep indemnified the University , its employees and directors, Sponsorcraft and all other parties associated with the University from such claims, liabilities and expenses. This means you will be responsible for any loss or damage which we suffer as a result of any such action.

Limitation of Liability

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

Whether you are a Creator or a Sponsor, you agree not to use the Site for any commercial or business purposes, and we shall have no liability to you for any loss of profit, loss of business, business interruption,or loss of business opportunity.

We 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 us all communications including notices, agreements, legally required disclosures or other information in connection with the Services (collectively, "Contract Notices") electronically. Additionally, we reserve the right to contact Creators by telephone should a problem arise with their Project. We may deliver Contract Notices by posting them on the Site.

Customer service

If you wish to make an inquiry or complaint, you can do so by email at jumpstart@nottingham.ac.uk.

Terms which apply to Creators only (and not Sponsors)

The University acts as an intermediary between you and Sponsors and other users of the Site.

When you register a Project with us, you represent, warrant and undertake to us and all users of the Site that:

  • you are a member of the University;
  • you are 18 years of age or older;
  • you are the person with ultimate responsibility for the Project (or are otherwise acting with the express authority of that person);
  • you will obtain, maintain and renew (as applicable) any necessary approval, authority, consent, licence or any other permissions in relation to your use of the Services to achieve funding for the Project and comply with all applicable laws;
  • you will apply all Sponsor pledges received in accordance with the Project’s stated aims;
  • you will not offer securities/financial instruments in return for Sponsor pledges; and
  • you will not misuse any Sponsor pledges, including not using any monies pledged for purposes which are not stated aims of the Project.

Gift Aid

We 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 we may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Site.

We may transfer our rights and obligations under the Terms to another organisation, and we will notify you in writing if this happens.

You agree that if we do not exercise or enforce, or delay in exercising or enforcing, any legal right or remedy which is contained in the Terms (or which we have the benefit of under any applicable law), this will not be taken to be a formal waiver of our. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

This contract is between you and The University of Nottingham. 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.

Where the words "in writing" appear in the Terms, this includes email. If you wish to contact us in writing, or if any provision in the Terms requires you to give The University of Nottingham notice in writing, you can send this to us by e-mail to jumpstart@nottingham.ac.uk.

Governing Law

The Terms, and your relationship with The 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 we agree that the courts of England and Wales shall have non-exclusive jurisdiction to resolve any such dispute. Notwithstanding this, you agree that we shall be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

Effective Date: 8 January 2016