Terms Of Use

By using this Site you accept these terms of use as from the date you first access this Site. Comic Relief may modify these terms of use at any time by updating the text of this page, so please check back regularly.

Definitions

In these terms of use, the following words have the following meanings:

"Content" means all content on this Site, including all information, graphics, trademarks, logos, designs, text, photos, films, sounds, software and applications;

"Contribution(s)" means anything that a user posts on this Site or sends to Comic Relief, including any photographs, video or audio clips, comments or posts or competition entries;

"Site" means any website which Comic Relief owns or controls, and from which a link has been created to these terms of use;

"these terms of use" means the terms of use set out below, as well as our Privacy Policy and any other terms and conditions on this Site; "you", "your" and "yours" means a person(s) accessing this Site.

Content

This Site and all the Content on it is owned by Comic Relief (or its licensors and content providers). All rights in the Content are reserved to their respective owners, unless expressly stated otherwise.

Any Contribution you send or post to this Site remains your property, but Comic Relief may use your Contribution as described under "Your Contributions" below. You may not use any Content on this Site unless it is expressly stated that you may do so. Where we state that it is permitted to do so, you may download and use Content, but only for the purposes of raising awareness about Comic Relief.

You may not:

  • use any Content on this Site for personal gain, for any commercial purpose, to advertise or sell any products or services, or to promote a business;
  • copy, transmit, store or distribute any part of this Site, unless we have expressly indicated that you may do so. You may not alter, modify, adapt, reverse engineer, disassemble or create derivative works of any software which is accessible through this Site; or
  • collect or use any personal details from this Site.

Your Contributions

If you send or post any Contributions to this Site or to Comic Relief, you confirm that you are granting Comic Relief a perpetual (and irrevocable), royalty-free, worldwide, non-exclusive licence to use the material in your Contribution for any purpose in any media in any part of the world. This includes the right for Comic Relief to copy, edit, publish, grant sub-licences, and exercise all other copyright and publicity rights over the material. You also waive all ‘moral rights’ in the materials (‘moral rights’ are described in the Copyright, Designs and Patents Act 1988).

If you do not wish to grant us these rights, please do not send or post your Contribution to this Site or to Comic Relief.

You must not post or send any Contributions to this Site or to Comic Relief that you do not have permission to publish or share in this way, for example clips of music videos or TV shows. By sending or posting a Contribution to this Site or Comic Relief you warrant that:

  • your Contribution does not infringe any person’s intellectual property rights, which include any copyright, moral rights or trade mark rights;
  • you have all the necessary rights to post or submit the Contribution and to grant us the rights described in the these terms of use; and
  • you have necessary permission from everyone in a picture or video. For children and young people the permission must be from their parent or legal guardian.​

You should always give careful consideration before making public any personal information about yourself or anyone else (for example telephone number, home address or email address), especially anything that could identify a child or young person.

Comic Relief does not endorse any Contribution or any opinion, statement, or advice expressed by users of this Site. To the fullest extent permitted by law, Comic Relief expressly disclaims all liability in connection with any Contributions made by users of this Site.

Unlawful Use

You may only use this Site for lawful purposes and you agree to comply with all applicable laws, regulations and codes of conduct and to be solely responsible for all things arising from your use of this Site. You may not submit, publish, post, distribute or transmit any defamatory, offensive, infringing, obscene, indecent or unlawful or objectionable Contributions. You may not interfere with anyone’s use or enjoyment of this Site, for example by threatening, bullying or sending junk mail.

If Comic Relief in its sole discretion considers that any Contribution, conduct or use of this Site breaches these terms of use or is unlawful or inappropriate in any way, we reserve the right to do any or all of the following actions (without prior notice): (a) warn you via email and require you to discontinue such conduct or use; (b) delete any Contribution you have posted to this Site or which features in any personal area; (c) discontinue your registration with this Site or any service being provided; and/or (d) take other measures, including terminating, suspending or restricting use of this Site, and/or passing details to relevant third parties, including email providers, the police or other authorities. Any action that we take is without prejudice to any of our accrued rights.

Registration and Passwords

If you register with us and are asked to provide a password, you agree:

  • to keep your password secure and confidential and not allow anyone else to use your email address or password to access this Site;
  • to notify Comic Relief immediately if you become aware of any improper or unauthorised use of this Site or your details or your password:
  • not to do anything which would assist anyone who is not a registered user to gain access to any password-protected area of this Site; and
  • not to create additional registration accounts for the purpose of abusing the functionality of the Site, or other users, or to seek to pass yourself off as another user.​

Limitation Of Liability

(PLEASE READ CAREFULLY)

Comic Relief (and its group companies, officers, trustees, employees and agents) shall not be liable or responsible for any claim, loss, damage, costs and expenses of any nature (including without limitation for any direct, indirect, incidental, special, punitive, or consequential damages whether resulting from breach of contract, negligence or any other cause of action) arising in connection with this Site or your use of it (including, without limitation, for any Contributions to this Site by users, for any viruses, bugs, trojan horses or other contamination resulting from use of this Site, for any interruption or delays to the use of this Site, or for any errors, omissions or inaccuracies in any Content on this Site). Nothing in these terms of use shall exclude or limit any liability for death or personal injury arising from negligence, or for any other liability which cannot be excluded or limited by law.

You agree that you are solely responsible for your use of this site, and that to the fullest extent permitted at law, Comic Relief, its officers, trustees, employees and agents do not make any representations and do not give any warranties, express or implied, concerning this Site and the Content. In particular, Comic Relief does not warrant or represent that this Site or the Content is virus free.

All software provided by third parties (for example Acrobat Reader and RealPlayer) is the sole responsibility of that third party.

Donations and Sponsorship

If you wish to donate to Comic Relief or sponsor anyone raising money for Comic Relief, please note that your donation or sponsorship is non-refundable. If you sponsor someone to do any activity for Comic Relief, your sponsorship is not conditional on the activity being completed.

Indemnity

You agree to indemnify Comic Relief (and its group companies, officers, trustees, employees and agents) from all claims, loss, damages, costs and expenses arising in connection with your use of this Site, or your breach of any of these terms of use, or any Contribution made by you (or through your account) on this Site. This obligation shall survive the end of these terms of use and your use of this Site.

Third Party Websites

This Site may contain links to websites operated by parties other than Comic Relief. Such links are provided for your convenience only and you access these links at your own risk. Comic Relief is not responsible for the content of any third party websites linked to or from this Site.

General Provisions

If any provision of these terms of use is deemed to be invalid by a court of competent jurisdiction, this shall not affect the validity of the remaining provisions, which shall remain in full force and effect. Any failure or delay by Comic Relief in asserting any of its rights or of any provision of these terms of use shall not constitute a waiver of such right or provision. Comic Relief reserves the right at its sole discretion to discontinue or amend any aspect of this Site at any time.

Governing Law and Jurisdiction

These terms of use shall be governed by and construed in accordance with English Law and you agree to submit to the exclusive jurisdiction of the English courts.

Comic Relief is a charity registered in England, Wales and Scotland and its fundraising activities are directed at the United Kingdom only.

Last updated August 2014

Fundraising Dos and Don’ts

If you are fundraising for Red Nose Day 2015, please make sure you stay legal – and take a moment to read the following guidelines and information before you start:

  • Please make sure your fundraising materials (e.g. posters) include the line: ‘In support of Comic Relief, registered charity 326568 (England/Wales); SC039730 (Scotland)’.
  • Your fundraising materials must not suggest that you represent the charity, only that you are fundraising in support of us.
  • If you are raising money in the course of a business, deducting any amount to cover costs, or splitting the money raised between Comic Relief and another charity, then you’ll need a Fundraising Agreement. Contact us at fundraising@comicrelief.com to get one.
  • We don’t advise you to collect money in a public place or door to door. If you do choose to do so, you’ll need your own licence from your local authority (you should find details about this on your local authority’s website).
  • If children (under 16) are involved in fundraising in any way, please make sure that they have permission from their parent or guardian, and are properly supervised by a responsible adult. Children should never approach strangers about fundraising.
  • If you are planning any type of lottery (such as a raffle, tombola or sweepstake), please be aware that there are strict rules about what you can do. For England, Wales and Scotland, the Gambling Commission publishes useful guidance on lotteries at www.gamblingcommission.gov.uk. In Northern Ireland, the Northern Ireland Council for Voluntary Action publishes a good practice guide at www.nicva.org.
  • You should always consider whether you need appropriate insurance cover for your fundraising activity. If necessary, carry out a risk assessment and make sure participants are fully briefed about the activity.
  • For more information on fundraising please see the Institute of Fundraising website, http://www.how2fundraise.org

Disclaimer – please read!

  • Please be safe! Whilst we really appreciate your support, Comic Relief is not responsible for organising, supervising or hosting your Red Nose Day activity. All activities, and participation in them, are at the organisers’ and participants’ own risk. Your activity should not pose a danger to you or any onlookers.
  • Comic Relief does not accept responsibility or liability for any loss or damage, or for any death or personal injury, arising out of any fundraising activity including liability as a result of negligence (except death or personal injury caused by Comic Relief’s negligence).

If you wish to donate to Comic Relief or sponsor anyone for Red Nose Day 2015, please note that your donation or sponsorship payment is non-refundable If you sponsor someone your sponsorship is not conditional on the activity being completed

Order stuff T&CS

Online Shop Terms and Conditions

Please note that teachers ordering Red Noses for School should read the Red Noses for Schools Terms and Conditions

The following terms and conditions of sale apply to all orders, except Red Noses for Schools, placed with the Red Nose Day 2015 online shop (in addition to the Terms of Use, which apply to the use of the site generally). By placing an order for goods you are deemed to have accepted these terms and conditions of sale.

We advise you to print and keep a copy of these terms and conditions for your records. Please note that we may make changes to these terms and conditions from time to time, so please check them each time you use the online shop.

Please note that these terms and conditions do not apply to free fundraising packs or other free materials ordered through the site or to donations added to your order.

Purchasing

To purchase goods from Comic Relief through the online shop, you need to complete the online ordering process. Your order is an offer to buy the goods on these terms and conditions of sale. We will send you an email confirming receipt of your order and your order details. Our email is our acceptance of your offer to buy the goods. Worldpay will process your payment on our behalf.

The supply of goods from the online shop is subject to availability. Whilst we will try to inform you if any goods are unavailable before you place an order, we cannot always do this. If this happens, you will be informed by email and you will either not be charged or be refunded for any unfulfilled items.

Prices

Prices of all goods available on the online shop are quoted and charged in sterling and, where applicable, are inclusive of VAT at the current rate.

Forms of Payment

We accept all major credit and debit cards (except American Express and Electron). Comic Relief cannot accept payment by cash, cheque or postal order for orders placed on the online shop.

Delivery

We regret that we are unable to deliver outside of the UK, as the high cost of delivery beyond the UK currently makes such a service uneconomic. Please note that we cannot deliver to PO Boxes. BFPO orders will be sent to the BFPO Head Office in the UK.

Parcels will be dispatched either through Royal Mail or Courier, dependent on the order weight and value. All courier deliveries will require a signature at receipt. A postage and packaging charge (referred to as P&P) is payable on all orders according to the size of the order. This charge will be calculated at the checkout stage of your order, and includes VAT at the current rate.

The last delivery date for Red Noses for Schools and online shop orders is the 6th March to guarantee delivery for Friday 13th March 2015

Cancelling your Order

You have a statutory right to cancel your order by notifying us in writing within 14 days of delivery without giving any reason.

To cancel your order and claim a refund, write to us at the Returns Address below within 14 days from delivery, heading your letter "Order Cancellation" and providing your name and contact details, your order number and a description of the goods being cancelled. You may use the attached model cancellation form but it is not obligatory.

If you have already received your goods, send them back to the same Returns Address in a saleable condition, using the address label and returns slip provided on the delivery note. We recommend you use registered or recorded delivery to ensure they reach us safely as we will not refund goods not returned. If you do not return the goods, we have the right to collect the goods from you and charge you for the full cost of doing so.

If you wish to cancel before delivery, please email us immediately at shop@rednoseday.com with your name, address and order number. Whilst we will try to cancel the order before it is dispatched, we may be unable to do so. If the goods are delivered you will still need to cancel your order in writing and return the goods as set out above.

We will refund the purchase price to you within (including the original postage and packing we charged you)without undue delay an d not later than:

- 14 days after the day we receive the goods back from you; or

- If earlier, 14 days after you provide evidence that you have returned the goods; or

- If there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.

We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you. You are responsible for the costs of returning the goods and these cannot be refunded. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

Please note that we are unable to cancel any orders after the14 day period unless the goods are faulty (see 'Faulty Goods' below). Your right to cancel is separate from other statutory rights you may have.

Model Cancellation Form

To: Red Nose Day 2015
PO BOX 504
Leicester
LE94 0AE

I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]:

Ordered on [*]/received on [*]:

Name of consumer(s):

Address of consumer(s):

Signature of consumer(s) (only if this form is notified on paper)

Date:

[*] Delete as appropriate.

Faulty Goods

If any goods ordered from us are faulty, please return them using the address label and returns slip provided on the delivery note as soon as possible to the 'Returns Address' below, securely packaged. If we find that the goods are faulty, and you have returned them within a reasonable period, we will refund the purchase price to you (including the original postage and packing we charged you), and your postage and packaging costs for returning the goods (standard recorded delivery). This refund policy does not affect your statutory rights.

Replacement Goods

Please note that due to campaign time constraints and stock availability, we cannot guarantee to be able to replace any returned item in time for Red Nose Day on Friday 13th2015.

Returns Address

Please use the returns label included in the delivery note. The address for returning faulty or cancelled goods is:

Red Nose Day 2015
PO BOX 504
Leicester
LE94 0AE

Donations

We regret that any additional donations made through the ordering process (including Round Pound) are not refundable.

Children

You may only order goods through the online shop if you are 18 or over. If you are under 18 years old, please ask your parent or guardian to complete the ordering process.

Liability

Comic Relief shall not be liable if we are unable to carry out our obligations (including any delays) due to any circumstances beyond our reasonable control.

Comic Relief shall not be liable for any indirect or consequential losses, or for any business losses (including loss of profits, data, anticipated savings, goodwill or for wasted expenditure) you may suffer as a result of any breach of these terms and conditions of sale.

We do not limit or exclude our liability for death or personal injury caused by our negligence.

Re-sale of products

The products sold on this site raise money for Comic Relief, and are not intended for commercial re-sale. Under charity fundraising laws, businesses may not re-sell the products to the general public without the permission of Comic Relief.

Governing law and jurisdiction

These terms and conditions of sale shall be governed by and enforced in accordance with the laws of England and Wales. Comic Relief and you both agree to submit to the non-exclusive jurisdiction of the courts of England and Wales.

Company details & Address

The online shop is operated by Comic Relief Limited, a subsidiary of Comic Relief, registered charity 326568 (England & Wales) and SC039730 (Scotland). VAT number 773865187.

Our address for correspondence or queries is below (please note that the address for returning faulty or cancelled goods is the Returns Address):

Online Shop
Comic Relief
89 Albert Embankment
London SE1 7TP

For any queries or complaints about goods or services, please contact us at shop@rednoseday.com

Schools and Fundraising Materials

Terms and Conditions

Teachers who would like to order Red Noses for Schools should read the Red Noses for Schools Terms and Conditions. The following terms and conditions apply to orders for schools and fundraising materials, and are in addition to our Terms of Use and Privacy Policy which apply to the use of this site generally. By ordering materials, you are accepting these terms and conditions.

Please note that we may make changes to these terms and conditions from time to time, so please check them each time you make an order.

All fundraising kits and schools materials are subject to availability.

The material in the kits is provided without any guarantees, conditions or warranties as to its accuracy, quality or relevance.

You must be 16 years or older to order a Fundraising Kit. If you are planning to fundraise or organise any activity for Red Nose Day please make sure you read the important information in the Fundraising Do’s and Don’ts

Delivery

We regret that we are unable to deliver outside of the UK, as the high cost of delivery beyond the UK currently makes such a service uneconomic. Please note that we cannot deliver to PO Boxes. BFPO orders will be sent to the BFPO Head Office in the UK.

Parcels will be dispatched either through Royal Mail or Courier, dependent on the order weight. All courier deliveries will require a signature upon receipt.

If you order before 5th January you should receive your pack before the end of January. After this date, we aim to deliver your pack within seven working days from receipt of order (but please wait an additional two working days before querying your order).

Any orders placed after Wednesday 4th March are not guaranteed to be delivered before the Red Nose Day, Friday 13th March 2015

Enquiries

If you do not receive your kit within seven working days or have any other enquiries please contact us on info@rednoseday.com

Governing law and jurisdiction

These terms and conditions of sale shall be governed by and enforced in accordance with the laws of England and Wales. Comic Relief and you both agree to submit to the non-exclusive jurisdiction of the courts of England and Wales.

Company details & Address

The online shop is operated by Comic Relief Limited, a subsidiary of Comic Relief, registered charity 326568 (England & Wales) and SC039730 (Scotland). VAT number 773865187.

Red Noses for Schools Terms and Conditions:

1. Red Noses (“Noses”) cost £1 each. On placing your order you guarantee the sale of the Noses either by paying the sale price in full or pay a deposit of £18 per box (30p per Nose) with the balance to be paid as soon as possible after Red Nose Day. You must also pay postage and packaging (P&P) in addition.

2. You guarantee the sale of all Noses supplied to you by paying for them in full. We regret we are unable to refund deposits or take back unsold Noses.

3. Noses must be sold for £1 each. Any money paid over £1 should be treated as a donation and sent to Comic Relief as soon as possible after Red Nose Day.

4. Each person selling Noses under the Red Nose for Schools scheme does so as an unpaid agent of Comic Relief Limited (a wholly owned subsidiary of Comic Relief).

5. Please dispose of any unsold Noses so they cannot be reused. Noses may be recycled at Sainsbury’s stores. Please DO NOT put Noses in your household recycling.

6. On all materials publicising sales of Noses you must state: “At least 60p from the sale of each Red Nose goes to Comic Relief, registered charity 326568 (England/Wales); SC039730 (Scotland).”

7. Noses ordered before 31st January 2015 should be delivered by 16th February 2015. For orders placed after 31st January 2015 please allow 10 working days for delivery. Red Noses for Schools closes on Friday 6th March 2015. Order forms received after this date will not be processed and your cheque will not be cashed.

WARNING! Not suitable for children under 3 years of age due to small parts - choking hazard.

9. P&P includes VAT at the current rate.

10. Orders are subject to availability.

11. Noses are sold by Comic Relief Limited (registered company number 01967154, VAT number 773865187), a wholly owned subsidiary of Comic Relief, whose principal office is at 89 Albert Embankment, London, SE1 7TP.

12. By purchasing Noses through the Red Noses for Schools Scheme you will be automatically entered into the Golden Nose Promotion and we draw your attention to the Terms and Conditions of the Golden Nose Promotion which can be found at www.rednoseday.com/legal.

Schools Golden Nose Terms & Conditions

1. Participation in this promotion constitutes acceptance of these conditions of entry.

2. The Red Nose Day ‘Golden Nose’ in Schools Promotion (the ‘Promotion’) is open to formal educational establishments for 5 - 19 year old pupils in the UK. Not open to nurseries/early years groups, youth groups and universities. Not open to Channel Island, Isle of Man or Republic of Ireland residents. Promotion excludes employees of the Promoter and their immediate families, any agencies involved with the promotion and any other person professionally connected with the promotion.

3. Only orders of Red Noses through the Red Noses for Schools scheme (RNfS) are eligible to be entered into the promotion. Promotional packs will be available to order from 1 September 2014, and will be sent out from 5th January 2015, subject to availability. Red Noses ordered through RNfS will be automatically entered into the competition and eligible to win (if they fulfil the criteria set out in point 2)

4. There is 1 Golden Nose to be found through the RNfS scheme. 1 school will be randomly selected to have their order fulfilled with a surprise bag that contains the Golden Nose. Orders for the Red Noses for Schools Scheme are placed through offline paper orders or through the schools shop on the Red Nose Day website.

5. Winning Mechanic

· A school will be selected at random and contacted. The school has to respond within 5 school days of initial contact to accept the prize. If the school does not respond within 3 days of initial contact then another school will be selected at random until a school has accepted the prize.

· The randomly selected school who has ordered Red Noses through the Red Noses for Schools Scheme will win a special exclusive Golden Nose experience for their school.

· If the school accepts the prize then the Golden Nose will be delivered to the school as part of the main delivery of Red Noses, knowing that one of the Noses will be the Golden one.

· In accepting the prize, the school agrees to undertake responsibility for the staff and children on site when the prize is “delivered”.

6. If you are a pupil and have bought a Red Noses for Schools promotional pack, you can also enter the Red Nose Prize Draw online to win another Experience. All purchasers of a promotional Red Nose (schools, Sainsbury’s, Oxfam and online) are eligible to enter the prize draw. Visit www.rednoseday.com/whonose and enter your unique code along with your email address and telephone number to enter before 5pm on the closing date, 08.04.15. The winner will be independently randomly drawn from all entries received and will be contacted by email within 10 working days of the closing date. For the Red Nose Prize Draw, only one entry per person permitted. Under 16’s will require adult consent to enter. The promoter reserves the right to offer the prize to an alternative winner should the original winner not respond to notification within 14 days.

7. There is no cash alternative in whole or in part for any prize. In the event of circumstances arising outside the reasonable control of the Promoter, the Promoter reserves the right to provide an alternative prize of equal or greater value.

8. Golden Noses, Unique Codes and/or any prize cannot be sold, transferred, auctioned or used for commercial gain.

9. Comic Relief (the Promoter) does not accept any responsibility for any network congestion, technical failure or other problem in any telephone line, network, system, provider or otherwise which results in any entry or communication not being properly recorded or received.

10. The names and counties of winners will be listed on www.rednoseday.com/gold for 3 months of the Promotion close date.

11. To the fullest extent permissible by law, the Promoter shall not be liable for any loss or damage whatsoever which is suffered or sustained as a result of participation in the Promotion or use of any Prize. Liability for death or personal injury caused by negligence is not excluded.

12. The Promoter reserves the right to verify all claims including but not limited to asking for address and identity details, the original packaging and/or the golden nose (which winners must provide within 5 days). The Promoter may refuse to award a prize or withdraw prize entitlement where there are reasonable grounds to believe there has been a breach of these terms and conditions or any instructions forming part of the Promotion entry requirements or otherwise where a participant has gained unfair advantage in participating in the promotion or won using fraudulent means. The Promoter will be the final arbiter in any decisions and these will be binding and no correspondence will be entered into.

13. In the event of circumstances outside the reasonable control of the promoter, or otherwise where fraud, abuse, and/or an error (human or computer) affects or could affect the proper operation of this promotion or the awarding of prizes, and only where circumstances make this unavoidable, the Promoter reserves the right to cancel or amend the promotion or these terms and conditions , at any stage, but will always endeavour to minimize the effect to participants in order to avoid undue disappointment.

14. These terms and conditions are governed by English Law and shall be subject to the exclusive jurisdiction of the English and Welsh Courts.

15. The personal information claimants provide will be used by the Promoter for the purpose of conducting this promotion. The Promoter may disclose entrants’ personal information to its contractors and agents to assist in conducting this Promotion or communicating with entrants.

Promoter: Charity Projects (Company Registration Number 01806414) operating as Comic Relief, registered charity 326568 England and Wales, SCO 39730 Scotland

Who We Are

This site is owned and operated by Comic Relief whose place of business is 89 Albert Embankment, London, SE1 7TP, UK.

Comic Relief is the operating name of Charity Projects, a charity registered in England & Wales with number 326568 and in Scotland with number SC039730, and a company limited by guarantee registered in England with number 1806414.

Comic Relief Limited is a subsidiary of Charity Projects and a limited company registered in England with number 1967154.

Our registered offices are Hanover House, 14 Hanover Square, London W1S 1HP. Our VAT number is 773865187.