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Terms of use

Online Shop T&Cs

 

Terms of use

These terms apply to your use our websites and apps. Please note that our websites and apps are intended to be used by those who live in the UK and who are 16 and over.

 

Definitions

In these terms (and in addition to the definitions in sections below), the following words have the following meanings:

“Apps” means the mobile applications we may make available from time to time via Google Playstore, Apple iTunes or otherwise.

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

"Contribution(s)" means anything that you, or another user, post on or upload to the Platforms or send to us, including any photographs, video or audio clips, comments, posts or competition entries.

“Platforms” means the Sites and the Apps are collectively referred to in these terms as the “Platforms”.

“Sites” means our websites, www.sportrelief.com, www.comicrelief.com, www.rednoseday.com and any other site we may own or operate from time to time.

 

Who are we?

The Platforms are operated by Charity Projects (as Comic Relief) (“Comic Relief”, “we” or “us”). We are 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. Our registered office is at Hanover House, 14 Hanover Square, London W1S 1HP, with our place of business being at 89 Albert Embankment, London SE1 7TP. If you’d like to get in touch with us, visit our Contact Page.

 

Our agreement

By using the Platforms you accept and agree to comply with these terms. Comic Relief may amend these terms at any time by updating the text of this page, so please check back regularly.

 

Your privacy

These terms also refer to our Privacy Policy, which also applies to your use of the Platforms.

 

The platforms

The Platforms are made available free of charge, and we do not guarantee that our Platforms, or any Content, will be secure, free from bugs or viruses, available or uninterrupted, or that the Content is accurate, complete or up to date. We may update and change our Platforms from time to time. We may suspend or withdraw or restrict the availability of all or any part of the Platforms for business and operational reasons.

The Content on our Platforms is provided for general information and entertainment only. It is not intended to be advice on which you should rely.

 

Content

This Platforms and all the Content on it, including all intellectual property rights included in the Platforms and Content, is owned by Comic Relief (or our 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 the Platforms remains your property, but we may use your Contribution as described under "How Comic Relief will use your Contributions" below.

You may print, download and use Content, but only for your personal use or to share with others in order to raise awareness about Comic Relief. In doing so, you must acknowledge us (or any identified contributors) as the authors of the Content.

 

Restrictions

You must not:

  • use any Content for personal gain, for any commercial purpose, to advertise or sell any products or services, to promote a business, or in any way which damages our reputation, takes advantage of it, or suggests any form of association, approval or endorsement by us;
  • modify any Content you print or download in any way; use any illustrations, photographs, video or audio sequences or any graphics on our Platforms separately from any accompanying text;
  • use any Content or our Platforms in any way that breaches applicable law or regulation;
  • frame or use framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout, or form) on our Platforms without our express written consent;
  • copy, transmit, store or distribute any part of our Platforms or any Content, unless we have expressly indicated that you may do so;
  • transmit any data, send or upload any material that contains viruses, Trojan horses, worms, spyware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
  • interfere with or attempt to gain unauthorised access to our Platforms, the server on which our Platforms are stored or any server, computer or database connected to our Platforms; or
  • collect or use any personal details from our Platforms.

You may use the Platforms as permitted by these terms. Your right to use the Platforms will terminate automatically without notice if you breach or do not comply with any of these terms. You must not use the Platforms for any illegal purpose. We may also terminate your right to use any Platforms at any time, or may stop providing any Apps at our sole discretion.

Unless explicitly permitted under applicable mandatory law, you must not, and you will not encourage, assist or authorise any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the Platforms, whether in whole or in part, or create any derivative works from or of the Platforms.

You warrant that you will comply with the above provisions, and you will be liable to us and indemnify us for any breach of that warranty. This means that you will be responsible for any loss or damage we suffer as a result of your breach of this warranty.

In addition, if you fail to comply with these provisions, your right to use our Platforms will end immediately and you will be required, at our option, to return or destroy any copies of the material you have made. We may report any such breach of these provisions to the relevant authorities and we will co-operate with those authorities by disclosing your identity to them. Any action that we take is without prejudice to any of our accrued rights.

 

Terms specific to the App

Updates

In order to keep the Apps up-to-date, we may offer automatic or manual updates at any time and without notice to you. Continued use of the Apps may be conditional on installing updates from time to time.

Accuracy of our App

We are not responsible for the accuracy, reliability, availability, effectiveness, or correct use of information you receive through the Apps.

 

Contributions

Comic Relief does not endorse any Contribution or any opinion, statement, or advice expressed by users of our Platforms wherever it may appear. Comic Relief does not oversee, monitor or moderate any interactive service we provide on our Platforms. If you believe that any Contribution does not accord with the Contribution Rules (as defined below), please contact us. To the fullest extent permitted by law, Comic Relief expressly disclaims all liability in connection with any Contributions made by users of our Platforms wherever it may appear.

If you make use of a feature that allows you to upload content to our Platforms, or to make contact with Comic Relief, you must comply with the following (the “Contribution Rules”):

  • Contributions must comply with applicable laws and regulations;
  • You must be aged 16 or over, or have the permission of a parent or legal guardian;
  • You must have all the necessary rights to post or submit your Contributions and to grant us the rights described in “How Comic Relief will use your Contributions” below. This includes having the permission from everyone in a picture or video (for those aged under 18, permission must be from their parent or legal guardian); and
  • Contributions must not be defamatory, discriminatory, indecent or abusive, political, offensive, objectionable or otherwise inappropriate, and must not infringe any person’s intellectual property or privacy rights.

You warrant that any such Contribution complies with these standards, and you will be liable to us and indemnify us for any breach of that warranty. This means that you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

In addition, if you fail to comply with these standards, or if Comic Relief in its sole discretion considers that any Contribution, conduct or use of our Platforms is inappropriate in any way, we reserve the right (without prior notice) to: (a) warn you via email and require you to discontinue such conduct or use; (b) delete any Contribution you have posted to the Platforms; and/or (c) take other measures, including terminating, suspending or restricting use of the Platforms, and/or reporting any breach of these standards to the relevant authorities and we will co-operate with those authorities by disclosing your identity to them.

Any Contributions you upload or make to our Platforms will be considered non-confidential and non-proprietary.

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 anyone who is under 18 years old.

 

How Comic Relief will use your Contributions

When you upload or provide Contributions to our Platforms, you grant to us the following rights to use those Contributions:

  • A perpetual, royalty-free, worldwide, non-exclusive right to use, reproduce, edit, distribute, prepare derivative works of, display, and broadcast the Contributions in any media, for any purpose and to sub-licence any Contributions. You consent to the use of your first name and town in connection with the use of your Contribution, and the promotion of your Contribution on our Platforms;
  • You grant to other users of the Platforms and to third parties (being Comic Relief partners, broadcasters and suppliers) a perpetual, royalty-free, worldwide, non-exclusive right to use, display and broadcast the Contributions in connection with the use of the Platforms, and to promote the Platforms and Comic Relief, and in accordance with the functionality of the Platforms; and
  • You waive all ‘moral rights’ in the materials (‘moral rights’ are described in the Copyright, Designs and Patents Act 1988) to allow the above uses.

Comic Relief has the right to disclose your identity to any third party who is claiming that any Contributions you make constitute a violation of their intellectual property rights, or of their right to privacy, or otherwise as Comic Relief may deem to be appropriate.

If you do not wish to grant us these rights, please do not upload, send or otherwise provide your Contribution to our Platforms or to Comic Relief.

 

Intellectual property claims

Comic Relief respects the intellectual property of others. If you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement, please contact us.

 

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 our Platforms or your use of them (including, without limitation, for any Contributions, for any viruses, bugs, trojan horses or other contamination resulting from use of our Platforms, for any interruption or delays to the use of our Platforms, or for any errors, omissions or inaccuracies in any Content). Nothing in these terms of use shall exclude or limit any liability for death or personal injury arising from negligence, our fraud or fraudulent misrepresentation, or for any other liability which cannot be excluded or limited by law.

You agree that you are solely responsible for your use of our Platforms, 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 our Platforms and the Content. In particular, Comic Relief does not warrant or represent that the Platforms or the Content is virus-free.

 

Third party websites

The Platforms may contain links to websites operated by parties other than Comic Relief. Such links are provided for your convenience only and should not be interpreted as approval by us of those linked websites or information on them. Comic Relief is not responsible for the content of any third party websites linked to or from the Platforms.

 

Health and safety

You are responsible for organising, supervising or hosting your fundraising activity or for your participation in such activity (“Activity”).

You are responsible for ensuring that your Activity does not pose a danger to yourself or others. If you have a medical condition, have concerns as to the level of your fitness, or are unused to exercise, please consult your doctor before engaging in any Activity. If you experience any health issues while undertaking any Activity, please stop and consult with a medical professional immediately. Comic Relief is not responsible for any health problems that may result from any Activity. If you engage in any Activity, you agree that you do so at your own risk and that you are voluntarily participating in such Activity.

Please be aware Comic Relief does not accept responsibility or liability for any loss or damage, or for any death or personal injury, arising out of any Activity including liability as a result of negligence (except death or personal injury caused by Comic Relief’s negligence).

 

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.

 

Governing law and jurisdiction

These terms shall be governed by and construed in accordance with English Law. You agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

 

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.

 

 

Online Shop T&Cs

1.1 Company details

Comic Relief Limited (registered company number 01967154) (Comic Relief, we and us), is a company registered in England and Wales and our registered office is at Hanover House, 14 Hanover Square, London, W1S 1HP. Our main trading address is 89 Albert Embankment, London, SE1 7TP. Our VAT number is 773865187. We are the wholly owned subsidiary of Charity Projects (operating as Comic Relief) a charity registered in England and Wales with number 326568 and Scotland with number SC039730 and a company limited by guarantee registered in England and Wales with company number 01806414, who operates the website shop.rednoseday.com.

1.2 Contacting us

To contact us telephone our customer service team at 0207 820 2000 or email info@comicrelief.com
Our contract with you

2. Our contract

These terms and conditions apply to the appointment of you as our non-exclusive unpaid agent (Contract) in relation to the sale of the ‘School Fundraising Pack’ products (Products). As our agent, you agree to sell the Products and collect payment for the supply of the Products on our behalf in accordance with this Contract. No other terms are implied by trade, custom, practice or course of dealing.

2.2 Agency

You agree:
(a) to only distribute the contents of the Products to the students and staff at your school or establishment; and
(b) to comply with all applicable law, and reasonable instructions of Comic Relief, concerning the Products (including but not limited to in relation to product recall). 

2.3 Your copy

You should print a copy of this Contract or save them to your computer for future reference.

3. Order and Delivery

3.1 Placing your order

Please follow the onscreen prompts to place an order for the Products. Please check the order carefully before confirming it. You are responsible for ensuring that your order is complete and accurate.

3.2 How to pay

The Products are free

3.3 Delivery

Products ordered before 12th January 2019 should be delivered by 28th January 2019. For orders placed on or after 12th January 2019, please allow up to 10 working days for delivery. 

3.4 International Delivery

Unfortunately, we do not deliver to addresses outside the UK. You may place an order for Products from outside the UK, but this order must be for delivery to an address in the UK.

3.5 If we cannot supply your order

If we are unable to supply you with the Products for any reason, we will inform you of this by email and we will not process your order. 

4. Our Products

4.1 The images of the Products on our site are for illustrative purposes only

The Products, and the packaging of the Products, may vary slightly from those images. We reserve the right to amend the specification of the Products if required by any applicable statutory or regulatory requirement.

4.2 Disposal

Please dispose of any Products carefully and where possible please recycle.

4.3 Faulty Products

If the Products are faulty or mis-described, please email us at info@comicrelief.com or contact our Customer Services team by telephone on 0207 820 2000 or by post to Comic Relief, Camelford House, 89 Albert Embankment, SE1 7TP. If you are emailing us or writing to us please include details of your order to help us to identify it. 

5. Intellectual Property

5.1 Acknowledgement of ownership

You acknowledge that Comic Relief’s rights to the intellectual property used on or in relation to the Products and Comic Relief’s business and the goodwill connected with that are Comic Relief’s property.

6. Term & Termination

6.1 Commencement

This Contract will commence once we send you an e-mail confirming receipt of your order.

6.2 Termination

This Contract will terminate if: 

(a)you commit a material breach of this Contract which you fail to rectify within 14 days of written notice from Comic Relief;
(b)you dispute the title of Comic Relief to its intellectual property; or
(c)you do anything or fail to do anything which in Comic Relief’s sole opinion damages or is likely to damage the reputation of Comic Relief.

6.3 Termination of this Contract shall not affect any accrued rights or liabilities of either party. 

7. Our liability

your attention is particularly drawn to this clause

7.1 Nothing in this Contract limits or excludes our liability for:

(a)death or personal injury caused by our negligence;
(b)fraud or fraudulent misrepresentation;
(c)breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
(d)any other liability that cannot be limited or excluded by law.

7.2 Subject to clause 7.1 we will under no circumstances be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for any loss or damage whether indirect or consequential.
7.3 Subject to clause 7.1, our total liability to you for all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will in no circumstances exceed one hundred pounds.

General

8.1 Entire agreement

The Contract is the entire agreement between us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract.

8.2 Assignment and transfer

We may assign or transfer our rights and obligations under the Contract to another entity. You may only assign or transfer your rights or your obligations under the Contract to another person if we agree in writing.

8.3 Waiver 

If we do not insist that you perform any of your obligations under the Contract, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you or that you do not have to comply with those obligations. If we do waive any rights, we will only do so in writing, and that will not mean that we will automatically waive any right related to any later default by you.

8.4 Severance 

Each clause of this Contract operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

8.5 Third party rights

The Contract is between you and us. No other person has any rights to enforce any of its terms.

8.6 Data Protection

Comic Relief may be required to process Personal Data on your behalf in order to process your order of Products and in relation to any consent you grant to Comic Relief during the process. All applicable data protection legislation including the General Data Protection Regulation (EU/2016/679) and the Data Protection Act 2018, and any other data protection legislation, whether in force at the time of making this contract or not, shall apply to this contract. Personal Data in this instance means any information which can identify you as a natural person, and includes but is not limited to: your name, your address, or other factors specific to your identity. 
In the event that you explicitly consent to be contacted again by Comic Relief for marketing purposes, you agree that Comic Relief is able to retain your Personal Data for a retention period for as long as it is reasonably necessary to comply with the purposes to which you have explicitly consented. 

If for any reason, you decide that you do not wish to have your Personal Data retained by Comic Relief, you can request in writing the erasure of your Personal Data. Please see our Privacy Policy for more information on how to have your Personal Data erased, which can be found at https://www.comicrelief.com/privacy-notice#dataretention

8.7 Governing law and jurisdiction
This Contract is governed by English law and each party irrevocably agrees to submit all disputes arising out of or in connection with this Contract to the exclusive jurisdiction of the English courts.