Every Well Water Foundation Terms of Use

Terms of Use (“Terms”)
Last updated: 10/10/2017

Please read these Terms of Use (“Terms”, “Terms of Use”) carefully before using the Every Well Water Foundation website http://www.everywell.co.uk and the Every Well mobile application.

Website Terms & Conditions

This Website Terms & Conditions (“T&C”) is a legally binding agreement made by and between Every Well Water Foundation and you, and it governs the Every Well Water Foundation website http://www.everywell.co.uk and the Every Well mobile application (the “Services”) operated by Every Well Water Foundation (“us”, “we”, or “our”). The Every Well Water Foundation website and app are maintained by Every Well Water Foundation, with head office at Time House, Renwick Road, Barking, Essex, IG11 0SH, U.K.

By accessing, using or registering for any part of the Services, including, without limitation, by downloading the Every Well mobile application, you agree that you have read, understand, and agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Services. These Terms apply to all visitors, users and others who access or use the Services.

Changes to this T&C and the Services

Changing business practices and circumstances may require that we make changes to this T&C and to the Services.  We reserve the right to modify our Services and/or this T&C at any time.  Any changes will be reflected on the Services and revision shall be effective immediately on such posting and you are deemed to be apprised of and bound by any such modifications.  You agree to review this T&C and other posted online policies periodically to be aware of any revisions.

Your edits or changes to either online or offline versions of this T&C will not be effective, regardless of form.  Our goal is to provide all Services to visitors to the Every Well Water Foundation website and mobile application in an accessible, efficient, and friendly manner.  If you have comments or questions regarding the T&C, please contact us at hello@everywell.co.uk

Our Privacy Policy

Our Privacy Policy governs what information we collect from you, how we use that information, and with whom we share that information.  It covers our practices related to the communications we make to you and the communications we receive from you.  Please see the Privacy Policy for more detail on privacy and communications, including how to opt out of communications or how to correct data we have received from you.

Your Use of the Services

Eligibility

Our Services may only be used by individuals who can form legally binding contracts under applicable law.  No person under the age of 18 may use the Services, unless under supervision of a parent or guardian. Notwithstanding the previous sentence, no person under the age of 13 may use these Services.  Your use of the Services will be deemed to be a representation that you are (or are between the ages of 13 and 18 and under the supervision of a parent or guardian) 18 years of age or older.  Furthermore, the Services may not be used by non-United Kingdom residents and we do not ship to non-United Kingdom addresses.  Your use of the Services will be deemed to be a representation that you are a United Kingdom resident.

Compliance with the T&C and Applicable Law

You must comply with all of the terms and conditions of this T&C, all rules, regulations, and policies stated on the Services, including our Privacy Policy, and all applicable laws, regulations and rules.

Authorized Use

We give you permission to access and use the Services for your personal use for the purposes for which is intended, and to copy, distribute, and transmit the content of the Services only to the extent that such copying, distribution, and transmission is automatically done through your browser software incidentally to using the Services for your personal use, or as expressly permitted by Every Well Water Foundation (for example, if Every Well Water Foundation provides a method for you to post information to your Facebook page).  You may download or electronically copy and print a copy of the information displayed on the Services for your personal use and no rights to those materials are transferred to you by such copying.

Unauthorized Use

The goal of the Services is to raise awareness of and raise funds for Every Well Water Foundation.  Use of the Services for any illegal purpose, or any other purpose not described above as an authorized use, is strictly prohibited. Any other use, including, but not limited to, the reproduction, distribution, display or transmission of the content of the Services is strictly prohibited, unless authorized in writing.  For example, you agree not to take pictures of other people from the website or mobile application and post them on a third-party Service. You may also not deep link to portions of the Services; or frame, inline link, or similarly display any part of the Services.  You further agree not to change or delete any proprietary notices from materials downloaded from the Services. You may not modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the Services.

We strive to build a community of people committed to the our cause.  As outlined in our Privacy Policy, the privacy of these community members is important to us.  In your use of the Services, you may not: (i) disrupt or interfere with the security or use of the Services; (ii) interfere with or damage the Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information, or similar methods or technology; (iii) impersonate another person or entity, misrepresent your affiliation with a person or entity, including (without limitation) us, or use a false identity; (iv) attempt to obtain unauthorized access to the Services; (v) collect, manually or through an automatic process, information about other users, Every Well Water Foundation, or the Services generally; (vi) submit false or misleading information to us or post material that infringes on a third party’s intellectual property; (vii) engage in any activity that interferes with any third party’s ability to use or enjoy, or our ability to provide, the Services; (viii) assist any third party in engaging in any activity prohibited by this T&C; or (ix) engage, directly or indirectly, in transmission of “spam,” chain letters, junk mail or any other type of unsolicited solicitation (when you invite people to join the Services, you represent that you personally know the invitees).

You agree not to upload, display, perform, transmit, or otherwise distribute any content that (a) is libellous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or (c) advertises or otherwise solicits funds for anything other than Every Well Water Foundation, or is a solicitation for goods or Services.

Third Party Links and Registration

Links

Our Services may contain links to other Services. Please note that when you click on one of these links, you are entering another site.  These links are provided for your convenience, and you access them at your own risk.  We encourage you to read the terms and conditions of these linked Services as their terms and conditions may differ from ours.

Registration via Third Party Tools

When visiting the Service, you may choose to register on the site via Facebook Connect or Twitter Connect Service.  By doing this, you are asking Facebook or Twitter to provide us with limited information from your Facebook or Twitter profile.  We treat this information the same way that we treat any other information that you may share with us when you visit the Every Well Water Foundation website or mobile application.  Please see our Privacy Policy for more details.  Be aware that when you use Facebook or Twitter applications to share, distribute, comment upon, or endorse any of our content, that conduct is governed by the respective terms of use of Facebook or Twitter.
When you register or sign in using Facebook or Twitter, you may not use the e-mail address, account, username, or password of someone else at any time.  Though you may submit an e-mail address to register instead of signing in with a Facebook or Twitter account, you must also be a Facebook or Twitter user to be added to the Service.  You agree to notify us immediately on any unauthorized use of your account (including your e-mail address), user name, or password. We shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by us, our affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password.

Payment and Refunds

Payments

You will solely be responsible for all taxes arising from, relating to or connected with your use of the Services.  We will have the right to charge you through PayPal for any taxes that we are required to pay or in fact collect.

PayPal

We process your payments using PayPal and you agree to be bound by PayPal’s terms and conditions.  Please read PayPal’s terms and conditions and privacy policy for more guidance.

Receipts

When you make a payment to Every Well Water Foundation, we will e-mail you a receipt containing tax-deductible values.  You are responsible for keeping copies of these receipts for the purposes of obtaining a tax-deduction.

Refunds

We are not usually able to give refunds for voluntary donations, however if you have made a donation in error, please contact our Supporter Care team as we may be able to refund the donation less any charges we have incurred. Our Supporter Care team can be contacted by emailing hello@everywell.co.uk

Intellectual Property; Content

Intellectual Property Rights

The Every Well Water Foundation websites, mobile applications, names, trademarks, logos, designs, text and graphics used on the Services, the selection and arrangement thereof, and all other materials used on these Services, are and shall remain owned or licensed by Every Well Water Foundation.  Notwithstanding the foregoing, from time to time, certain third-party trademarks, copyrighted materials and other intellectual property not owned by Every Well Water Foundation may appear on these Services, for example, when someone posts a picture to the Every Well Water Foundation website. When such materials appear, appropriate credits and notices may be displayed. We will retain ownership of our intellectual property rights and you will not obtain any rights therein by virtue of this T&C or otherwise.

When accessing the Services, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Services is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit, or that is provided or transmitted using your account. The burden of proving that any content does not violate any laws or third-party rights rests solely with you.

By posting, storing, uploading, or transmitting any content on or to the Services, you grant Every Well Water Foundation a perpetual, worldwide, non-exclusive, royalty-free, sub licensable, right and license under all intellectual property or other proprietary rights whatsoever (e.g., copyright, trademark, privacy, and publicity) to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and sublicense such content in any form, in all media now known or hereinafter created. We have no duty to use your content and may remove it at any time for any reason. You will not be compensated for our use of this content. You agree that we may publish or otherwise disclose your name in connection with your content. By posting content, you warrant and represent that you own the rights to the content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute the content and grant Every Well Water Foundation the right to do the same.  You hereby irrevocably waive any claims based on moral rights and similar theories, if any.

All comments, feedback, suggestions, ideas, and other submissions that you disclose, submit or offer to us in connection with your use of the Services (collectively, “Comments”) will become our exclusive property.  Such disclosure, submission or offer of any Comments shall constitute an assignment to us of all worldwide right, title and interest in all patent, copyright, trademark, and all other intellectual property and other rights whatsoever in and to the Comments and a waiver of any claim based on moral rights, unfair competition, breach of implied contract, breach of confidentiality, and any other legal theory relating to submissions.  Thus, we will own exclusively all such right, title and interest and shall not be limited in any way in the use, commercial or otherwise, of any Comments.  You should not submit any Comments to us if you do not wish to assign such rights to us.  We are and will be under no obligation: (i) to maintain any Comments in confidence; (ii) to pay to you or any third party any compensation for any Comments; or (iii) to respond to any Comments.  You are and shall remain solely responsible for the content of any Comments you make.

Copyright Infringement

We respect the copyrights of others and expect our users to do the same.  We have a policy of terminating users who repeatedly infringe the copyrights of others.

If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want us to delete, edit, or disable the material in question, you must provide us with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to our designated agent at: Every Well Water Foundation, Time House, Renwick Road, Barking, Essex, IG11 0SH, U.K.

Notwithstanding the above, we will not be liable to you for our failure to remove the infringing material of third parties.

Warranty Disclaimer

EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED, THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, EVERY WELL WATER FOUNDATION DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED ON THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT MAKE ANY WARRANTEES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THE WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability

EVERY WELL WATER FOUNDATION SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR MATERIALS ON THE WEBSITE, EVEN IF EVERY WELL WATER FOUNDATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
APPLICABLE LAW MAY NOT ALLOW LIMITATION OF CONSEQUENTIAL DAMAGES ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification

You agree to indemnify, defend, and hold harmless Every Well Water Foundation, its officers, directors, employees, agents, licensors and suppliers from and against all losses, liabilities, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of the T&C, or any activity related to use of the Services (including negligent or wrongful conduct) by you. If you are obligated to provide indemnification pursuant to this provision, we may, in our sole and absolute discretion, control the disposition of the claim, demand, or action your sole cost and expense. Without limitation of the foregoing, you may not settle, compromise or in any other manner dispose of any claim, demand, or action without our express written consent.

Term; Termination; Survival

We may deny you access to all or part of the Services at any time for any reason (including, but not limited to, if you engage in any conduct or activities that we determine, in our sole discretion, violate this T&C, our rights or the rights of any third party) or no reason at all.  The provisions relating to Intellectual Property; Disclaimer; Limitation of Liability; Indemnification; Unauthorized Use; Term; Termination; and Miscellaneous, shall in all events survive any termination of this T&C. For purposes of clarity, the survival of the provision on Unauthorized Use means that even if your account is terminated, if you breached the Unauthorized Use provision while using the Services, we have the right to sue you for damages or injunctive relief.

Miscellaneous

Notice

We may deliver notice to you by means of e-mail, a general notice on the Services, or by other reliable method.  If you give notice to us, you must use the address listed above.

Force Majeure

We will not be liable for failing to perform under this T&C by the occurrence of any event beyond our reasonable control, including, without limitation, a labour disturbance, an Internet outage or interruption of Services, a communications outage, failure by a Services provider to perform, fire, terrorism, natural disaster or war.

Jurisdiction and applicable law

The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to the Site.

These terms and conditions and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales.

We have used reasonable endeavours to ensure that the Site complies with UK law, but cannot ensure that it is appropriate or available for use in every territory outside the UK. Those who visit the Site from other territories are responsible for compliance with all applicable laws. If use of the Site and/or viewing of it, or use of any material or content on the Site or services, are contrary to or infringe any applicable law in your jurisdiction(s), you are not authorised to view or use the Site and you must exit immediately.

Waiver; Time for Commencement of Action

Any cause of action or claim you may have with respect to Every Well Water Foundation must be commenced within one (1) year after the claim or cause of action arises or is barred forever. Failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right.

Entire Agreement; Assignment; Severability

This T&C, including, without limitation, the other policies referenced herein, constitute the entire agreement between you and Every Well Water Foundation with regard to your use of the Services, and supersedes and replaces any and all prior and contemporaneous agreements between you and Every Well Water Foundation with respect to the Services. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. We may assign its rights and duties under this T&C to any party at any time without notice to you. If, for whatever reason, a court of competent jurisdiction finds any term or condition in this T&C to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect.

For More Information

If you have any questions, concerns, or comments about this T&C, please send us a description of your concern via e-mail to hello@everywell.co.uk