Terms & Conditions

Please read the following terms and conditions carefully as they govern the relationship between us and you, in accordance with your membership.

www.getcharitywise.co.uk is a site operated by CharityWise a trading name of Fresh Egg Limited (We/Us). We are registered in England and Wales under company number 03950929 and have our registered office at Fresh Egg Ltd, 1-13 Buckingham Road, Worthing, West Sussex, BN11 1TH.

Please read the following terms and conditions carefully as they govern the relationship between Us and You, in accordance with your membership.

We do not give business customers all the same rights as consumers. Where a term applies just to a business or just to a consumer, this is clearly stated through the following terminology. Throughout these terms, any reference to:

‘You’ or ‘Your’ shall mean both the Employer and Candidate;

‘Employer’ shall mean any business customer using the site wholly or mainly for use in connection with your trade, business or profession, such as seeking Candidates for jobs, even if you are an individual.

‘Candidate’ shall mean any consumer using the site for personal use, such as seeking a job from an Employer.

Data Protection Legislation, means all applicable data protection and privacy legislation in force from time to time in the UK including without limitation the UK GDPR; the Data Protection Act 2018 (and regulations made thereunder) (DPA 2018); the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended; and all other legislation and regulatory requirements in force from time to time which apply to a party relating to the use of Personal Data (including, without limitation, the privacy of electronic communications); and the guidance and codes of practice issued by the Commissioner or other relevant regulatory authority and which are applicable to a party.

To contact us, please email [email protected].

1. Commencement of Membership

These terms between You and Us shall commence on the date when you sign up for the membership (the “Commencement Date”) and shall continue, unless terminated earlier, in accordance with these terms.

These terms refer to the following additional terms, which also apply to your use of our site:

· Our Privacy Policy [INSERT AS LINK], which explains how we collect, use and store your personal data.

· Our Cookie Policy [INSERT AS LINK], which sets out information about the cookies on our site.

· Our Membership Rules and Acceptable Use [INSERT LINK], which sets out the guidelines for using the site.

2. Supply of Membership

2.1. We shall grant You access to the job board site from the Commencement Date in accordance with these terms.

2.2. During the term of the membership and Your use of the site, You shall:

2.2.1. comply with the Membership Rules and Acceptable Use;

2.2.2. co-operate with Us in all matters relating to Your use of the site and the membership.

3. User subscriptions

3.1. Subject to You, creating an account and signing up for a membership in accordance with clause 2, the restrictions set out in this clause 3 and the other terms and conditions of these terms, We hereby grant to You a non-exclusive, non-transferable right and licence to use the site during the term.

3.2. You shall keep a secure password for use of the site and shall keep the password confidential.

3.3. You shall not access, store, distribute or transmit any viruses, or any material during the course of Your use of the site that is in breach with our Membership Rules and Acceptable Use.

3.4. You shall not:

3.4.1. except as may be allowed by any applicable law which is incapable of exclusion by agreement between the parties and except to the extent expressly permitted under these terms:

3.4.1.1. attempt to copy, modify, duplicate, data protection ledacreate derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the site (as applicable) in any form or media or by any means; or

3.4.1.2. attempt to de-compile, reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of this site; or

3.4.2. access all or any part of the site in order to build a product, site or service which competes with the site.

3.5. You shall use all

reasonable endeavours to prevent any unauthorised access to, or use of, the site and, in the event of any such unauthorised access or use, promptly notify Us.

3.6. Should You at any time be in breach of these terms or the Membership Rules and Acceptable Use then We reserve the right, at our sole discretion, to suspend or ban You from using the site.

3.7. If we suspend or ban You from using the site in a way that breaches these terms, You may have a right to bring a claim against us for breach of contract.

4. Data Protection

4.1. We will only process personal data in accordance with our Privacy Policy.

5. Intellectual Property

5.1. CharityWise’s Intellectual Property Rights, means the trademarks and all Intellectual Property Rights of which We are the owner or licensee.

5.2. We, and any of our licensors, shall retain ownership of all of CharityWise’s Intellectual Property Rights.

5.3. We grant You a fully paid-up, non-exclusive, revocable, royalty-free, licence to use CharityWise’s Intellectual Property Rights for the purpose of receiving any membership benefits and using the site during the term of these terms.

5.4. In accordance with the licence granted under clause 5.3, You shall be entitled to distribute CharityWise’s Intellectual Property Rights internally within the company/ charity who shall be entitled to use CharityWise’s Intellectual Property Rights (such as any template forms or documents) for their own business purposes. You shall not, without our prior written consent, distribute any of CharityWise’s Intellectual Property Rights to any other third party.

5.5. Subject to clause 5.4, shall not and shall not allow any other third party to reproduce, copy, distribute, modify, decompile, disassemble, decode or redesign any of the CharityWise Intellectual Property Rights except in accordance with these terms, without our prior written consent.

5.6. The right granted under clause 5.4 shall not entitle You to upload any CharityWise Intellectual Property Rights to any website, portal or such other third party site.

5.7. The licence granted by Us in clause 5.3 is subject to our discretion and can be revoked at any time where We reasonably deem You to be infringing upon our intellectual property rights, in accordance with these terms or with the Membership Rules and Acceptable Use.

6. Site Use and Job Posting Obligations

6.1. The Employer hereby warrants and undertakes that:

6.1.1 each posting represents a currently available job vacancy and this should be kept up to date at all times and that any jobs that have been filled will be removed promptly;

6.1.2 the application process is accessible and transparent;

6.1.3 they are at all times responsible for safeguarding any information or personal data they may receive in respect of any Candidate and shall comply with all applicable Data Protection Legislation and privacy. Any information collected in connection to the application process should strictly only be shared where necessary within your organisation and never shared with any third party;

6.1.4 they are at all times complying with anti-discrimination laws and equal opportunities;

6.1.5 they have taken all steps to mitigate unconscious bias in the hiring process and actively avoid hiring practices that disproportionately disadvantage individuals based on protected characteristics;

6.1.6 job adverts are accurate and regularly reviewed. The Employer must ensure that all job postings are truthful and do not contain misleading information regarding the role, working conditions or benefits. If at any time any content contained within the job advert becomes untrue the Employer must immediately remove such information;

6.1.7 they shall at all times use professional communication with job candidates and shall not engage in harassment, coercion, or any other form of misconduct during the recruitment process; 6.1.8 any job adverts, communication with Candidates and other users, or any other use of the site shall not at any point infringe the Membership Rules and Acceptable Use,

6.1.8 The Employer acknowledges that a failure to adhere to these obligations may result in the termination or suspension of site access.

6.2 A Candidate hereby warrants and undertakes that:

6.2.1 all applications must be made in good faith and be accurate to the best of your ability. Any attempt to provide false or misleading information may result in the immediate termination or suspension from access to the site;

6.2.2 they shall at all times, engage with prospective Employers in a professional manner;

6.2.3 any confidential information received during the recruitment process must not at any time be disclosed to third parties;

6.2.4 they must not submit multiple applications for the same role using false identities, creating duplicate profiles or attempt to manipulate the hiring process in an unethical manner. The aforementioned may result in immediate termination or suspension of your access to the site;

6.2.5 they will not use

offensive content in any application, including any content that will infringe the Membership Rules and Acceptable Use. This includes, but is not limited to discriminatory or hate speech, inappropriate language, inappropriate images or other media, harassing or threatening content and inappropriate personal details (including political opinions);

6.2.6 by submitting an application for a job advert We are entitled and hereby authorised to share any necessary data, including personal data, with an Employer. The Candidate further acknowledges that it is the responsibility of the Employer to handle the application and safeguard any such data processed.

7. Job Adverts

7.1. We may make available Job Adverts and other employment related content which includes, but is not limited to, links to third party websites.

7.2. All Job Adverts are created and posted by third parties over whom We exercise no control. Therefore, We have no control over any ads, links or conditions that third parties may impose from time to time.

7.3. We cannot confirm the accuracy or completeness of any Job Advert or other information submitted by any Employer. Candidate or other user, including the identity of such Employer, Candidate or other user. We assume no responsibility, and disclaim all liability for the content, accuracy, completeness, legality, reliability, or availability of any Job Adverts, or other information submitted by any Employer, Candidate or other user.

7.4. We may provide independent functionality to assist You. For example, We may provide search options to help You narrow down Job Ads search results by job type categories (i.e. full-time, part-time, etc.), and such categories are created independently and entirely by Us and may not directly or accurately reflect the content of the Job Adverts.

7.5. You acknowledge that We act solely as a facilitator for Employer job adverts and Candidate applications. Employers and Candidates are solely responsible for ensuring compliance with all applicable employment, anti-discrimination and data protection laws.

7.6. You acknowledge that we do not act as an employer, recruiter or employment agent.

7.7. We shall not be held liable for any unlawful, discriminatory or unethical hiring by the Employer, including but not limited to:

7.7.1. violations of equal opportunities and anti discrimination laws;

7.7.2. unlawful employment contracts, wage disputes or wrongful termination claims;

7.7.3. breaches of data protection laws relating to candidate data and information.

7.8. We shall not be held liable for Candidate misconduct, false representations or a breach of their employment terms.

7.9. Employers and Candidates agree to indemnify Us and hold Us harmless from any claims, liabilities or damages arising from their use of the site.

7.10. We reserve the right to suspend or terminate access to the site if the Employer or Candidate is found to be in breach of these terms, without liability for any subsequent losses.

8. Applications and Profile

8.1. Any application made through the job board is subject to these terms and our Privacy Policy.

8.2. Use of any automation, scripting, or bots to automate the application process is prohibited.

8.3. If in the process of applying for a job you decide to exit the site and enter a third party website to apply for the job, you are accepting the terms and conditions of that third party who is not affiliated with Us.

8.4. Both the Employer and the Candidate acknowledge that We do not guarantee the hiring of a candidate or the suitability of the candidate for specific job roles. The Employer is solely responsible for conducting appropriate due diligence prior to hiring a candidate.

9. We may make changes to our site

9.1. We may update and change our site from time to time. We will try to give you reasonable notice of any major changes.

10. We may suspend or withdraw our site

10.1. Our site is currently made available free of charge. We reserve the right to alter these terms to allow for payment provisions at any time but in any event not giving you less than 2 months’ written notice of such a change.

10.2. We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

10.3. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms and other applicable terms, and that they comply with them.

11. We may transfer this Agreement to someone else

11.1. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

12. Our site is only for users in the UK

12.1. Our site is directed to people residing in the United Kingdom. We do not represent that content available on or through our site is appropriate for use or available in other locations.

13. You must keep your account details safe

13.1. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

13.2. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms.

13.3. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at [email protected].

14. No text or data mining, or web scraping

14.1. You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to our site or any services provided via, or in relation to, our site for any purpose, including the development, training, fine-tuning or validation of AI systems or models. This includes using (or permitting, authorising or attempting the use of):

14.1.1. Any “robot”, “bot”, “spider”, “scraper” or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of our site or any data, content, information or services accessed via the same.

14.1.2. Any automated analytical technique aimed at analysing text and data in digital form to generate information or develop, train, fine-tune or validate AI systems or models which includes but is not limited to patterns, trends and correlations.

14.2. The provisions in this clause should be treated as an express reservation of our rights in this regard, including for the purposes of Article 4(3) of the Digital Copyright Directive ((EU) 2019/790).

14.3. This clause will not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.

15. Rules about linking to our site

15.1. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

15.2. 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.

15.3. You must not establish a link to our site in any website that is not owned by you.

15.4. Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

15.5. We reserve the right to withdraw linking permission without notice.

15.6. If you wish to link to or make any use of content on our site other than that set out above, please contact [email protected].

16. Uploading content to our site

16.1. Whenever you make use of a feature that allows you to create content directly on our site, upload or share content to our site, or to make contact with other users of our site, you must comply with the standards set out in our Membership Rules and Acceptable Use Policy.

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

16.3. We also have the right to disclose your identity to anyone who is claiming that any content posted or uploaded by you to our site violates their intellectual property rights or their right to privacy.

16.4. We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the acceptable use standards set out in our Acceptable Use Policy.

16.5. If you wish to contact us in relation to content you have uploaded to our site and that we have taken down, please contact [email protected].

17. User-generated content is not approved by us

17.1. Our site may include information and materials uploaded by other users. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.

18. Do not rely on information on this site

18.1. The content on our site is provided for general information only. It is not 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 our site.

18.2. Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.

19. We are not responsible for websites we link to

19.1. Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

19.2. We have no control over the contents of those sites or resources.

20. We are not responsible for viruses

20.1. We do not guarantee that our site will be secure or free from bugs or viruses.

20.2. You are responsible for configuring your information technology, computer programs and platform to access our site. You should use your own virus protection software.

21. You must not introduce viruses

21.1. You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful, or otherwise harmfully interacting with our site or any part of it. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site or any other equipment or network connected with our site. You must not interfere with, damage or disrupt any software used in the provision of our site or any equipment or network or software owned or used by any third party on which this site relies in any way. You must not attack our site via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

22. Our responsibility for loss or damage suffered by you

22.1. Whether you are a consumer or a business user:

22.1.1. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

22.2. If you are a business user:

22.2.1. We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.

22.2.2. We will not be liable to you for any loss or 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, our site; or

• use of or reliance on any content displayed on our site.

22.3. In particular, we will not be liable for:

• loss of profits, sales, business, or revenue;

• business interruption;

• loss of anticipated savings;

• loss of business opportunity, goodwill or reputation; or

• any indirect or consequential loss or damage.

22.4. If you are a consumer user:

22.4.1. We only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

22.4.2. If defective digital content that we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation.

23. How to complain or report content

• Email: [email protected]

• In writing posted to our registered office address at CharityWise c/o Fresh Egg Ltd, 1-13 Buckingham Road, Worthing, West Sussex, BN11 1TH

23.1. Your rights to claim against us if we restrict access to your content
If we restrict access to any content you generate or upload to or share on our site in a way that breaches these terms, you have a right to bring a claim against us for breach of contract.

23.2. Your rights to claim against us if we suspend or ban your use of our site
If we suspend or ban you from using our site in a way that breaches these terms, you have a right to bring a claim against us for breach of contract.

24. General
24.1. Force majeure.
Neither party shall be in breach of these terms nor liable for delay in performing, or failure to perform, any of its obligations under these terms if such delay or failure result from events, circumstances or causes beyond its reasonable control.

24.2. Variation

24.3. We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time. Assignment and other dealings.

24.3.1. You shall not assign, transfer, charge, subcontract, declare a trust over or deal in any other manner with any or all of its rights and obligations under the Contract without our prior written consent.

24.3.2. We may at any time assign, transfer, charge, subcontract, declare a trust over or deal in any other manner with any or all of its rights under the Contract.

24.4. Entire Agreement

24.4.1. These terms constitute the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.

24.4.2. Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these terms. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these terms.

24.5. Governing Law and Jurisdiction

24.5.1. This Contract and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.

24.5.2. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these terms or its subject matter or formation.

Membership Rules and Acceptable Use

These membership rules and acceptable use standards apply to any material you upload or share to our site or generate on our site (User Content). They also apply to any contact you make with other users on our site, links to our site, and any other ways you use our site.
You must comply with these standards in spirit as well as to the letter.

Fresh Egg Limited will determine, in its discretion, whether any User Content or your use of our site breaches these acceptable use standards.

You may not use our site:

• In any way that breaches any local, national or international law or regulation.

• In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.

• For the purpose of harming or attempting to harm minors in any way.

• To bully, insult, intimidate or humiliate any person.

• To send, knowingly receive, upload, download, share, post, use or re-use any material which does not comply with our content standards.

• To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).

• To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

User Content:

• Must be accurate (where it states facts).

• Only contain opinions that are genuinely held.

• Must comply with the law applicable in any country from which it is posted and to which the website is targeted.

User Content must not:

• Be defamatory of any person.

• Be obscene, offensive, hateful or inflammatory.

• Infringe any copyright, database right or trade mark of any other person.

• Include video content that has been or would be likely to be given an R18 certificate by the British Board of Film Classification (BBFC).

• Include video content not suitable for BBFC classification.

• Include material that might impair the physical, mental or moral development of persons under the age of 18.

• Be likely to deceive any person.

• Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.

• Contain illegal content or promote any illegal content or activity.

• Be in contempt of court.

• Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.

• Be likely to harass, upset, embarrass, alarm or annoy any other person.

• Impersonate any person or misrepresent your identity or affiliation with any person.

• Give the impression that the User Content emanates from CharityWise if this is not the case.

• Advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse.

• Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.

• Be pornographic.

Illegal content
In addition, you must not use our site in any way that involves the following:

• Terrorism.

• Child sexual exploitation or abuse including grooming and child sexual abuse material.

• Hate offences.

• Harassment, stalking, making threats or abuse.

• Controlling or coercive behaviour.

• Intimate image abuse.

• Extreme pornography.

• Sexual exploitation of adults.

• Human trafficking.

• Unlawful immigration.

• Fraud and financial offences.

• Proceeds of crime offences.

• Drugs or psychoactive substance offences.

• Firearms, knives and other weapons offences.

• Encouraging or assisting suicide.

• Foreign interference offences.

• Animal cruelty.

Content very harmful to children

The following must not be uploaded, shared or generated directly on this site:

• Pornographic content.

• Content which encourages, promotes or provides instructions for suicide.

• Content which encourages, promotes or provides instructions for an act of deliberate self-injury.

• Content which encourages, promotes or provides instructions for an eating disorder or behaviours associated with an eating disorder.

Stay tuned

Terms & Conditions