Terms and Conditions

Terms and Conditions

This website: glasgow.hubbub.net (the "website") is owned and controlled by The University Court of the University of Glasgow, a registered charity in Scotland (registration number SC004401), incorporated under the Universities (Scotland) Acts and having its main administrative offices at University Avenue, Glasgow, G12 8QQ (the "University of Glasgow").

Terms and Conditions

Your use of this website and the products and services offered and supplied via this website (referred to collectively as the “Services” in this document), whether as a guest or a registered user, is subject to the following legal terms and conditions, which together with The University of Glasgow's Privacy Notice your request to register as a user of the website, and any other terms relating to fees or other matters which are agreed to in writing by you and The University of Glasgow, are effective and binding between you and The University of Glasgow. Use of the website includes accessing, browsing, or registering to use The University of Glasgow's website.

Please read these terms and conditions carefully before you start to use The University of Glasgow's website, as these will apply to your use of The University of Glasgow's website and the Services. If you do not wish to be bound by these terms and conditions, you should not continue to use or access the University of Glasgow's website or use any other of the Services. The University of Glasgow recommends that you print a copy of these terms and conditions, or save them to your computer, for future reference.

The University of Glasgow’s website is provided by The University of Glasgow’s third party service provider, Sponsorcraft Ltd, on behalf of The University of Glasgow, and these terms and conditions operate between you and The University of Glasgow only. Sponsorcraft Ltd has no contractual relationship with you, except in relation to any third party rights which Sponsorcraft Ltd may enforce under this contract.

Your attention is drawn to the paragraph immediately below and the paragraph entitled “Payments and fees”.

Your use of any other services or websites which are similar to the Services and which are provided by a third party, including any third party services or websites which The University of Glasgow’s website links to (including other services or websites operated by Sponsorcraft Ltd), is subject to the legal terms which govern usage of those other services, and The University of Glasgow has no responsibility whatsoever for such usage.

The term ‘Project’ means any fundraising project posted by the University of Glasgow on this website. The term ‘Sponsor’ means any organisation or individual contributing financially to a Project. The term 'Content' means any content, including (but not limited to) videos, audio clips, text, software, pictures and other features and information which The University of Glasgow has made available as part of the Services.

Accepting the Terms

In order to use the Services, you must firstly agree to the Terms. By using the website, you confirm that you accept the Terms and that you agree to comply with them. If you do not agree to the Terms, you must not use the website or otherwise use the Services. You can accept the Terms by actually using the Services. Accordingly, you understand and agree that The University of Glasgow will treat your use of the Services as acceptance of the Terms from that point onwards.

The Services are available only to individuals who are at least 18 years old. You represent and warrant that you are of legal age to form a binding contract, and that all registration information you submit is truthful and correct. The University of Glasgow reserves the right to: (a) refuse the Services to anyone at any time without notice and for any reason; and (b) change its eligibility criteria at any time without notice and for any reason. You may not use the Services and may not accept the Terms if: (a) you are not of legal age to form a binding contract with The University of Glasgow; (b) you are not normally resident in the UK or the country from which you use the Services; or (c) you are a person not allowed to receive or use the Services under the laws of Scotland or any other countries including the country in which you are resident or from which you use the Services.

For the steps you need to take to pledge sponsorship monies to a Project, please see the glasgow.hubbub.net.

Changes to the Terms

The University of Glasgow reserves the right to alter or replace the Terms, or to change, suspend or discontinue the Services at any time, by posting on the website or by sending you an email. You agree that The University of Glasgow may limit the Services or restrict your access to parts or all of the Services without notice or liability. It is your responsibility to check the Terms periodically for changes, as they are binding on you. You agree that in continuing to use the Services following the posting of any changes to the Terms such continued use constitutes acceptance of those changes.

Conduct

You agree to use the website and all Services responsibly and legally and not to use the Services for any purpose that is prohibited by the Terms. The Services are provided solely for your use in relation to a Project or Projects as the case may be. You are responsible for all of your activity in connection with the Services.

Under the Terms you are prohibited from taking any action in relation to your use of the Services which:

  • results in software viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful interfering with, damaging or destroying the proper function of the Services; or impersonates any person or entity, including any employee or representative of The University of Glasgow;
  • constitutes spam, junk mail or advertising which has not been authorised in writing by The University of Glasgow agree to use the website and all Services responsibly and legally and not to use the Services for any purpose that is prohibited by the Terms. The Services are provided solely for your use in relation to a Project or Projects as the case may be. You are responsible for all of your activity in connection with the Services.

Additionally, you agree not to:

  • take any action that imposes or may impose (as determined by The University of Glasgow in its sole discretion) an unreasonable or disproportionately large load on Sponsorcraft Ltd’s infrastructure;
  • engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services), including (but not limited to) attacking the website via a denial-of-service attack or a distributed denial-of service attack;
  • access (or attempt to access) any of the Services by any means other than through the interface that is provided by The University of Glasgow via Sponsorcraft Ltd, unless you have been specifically allowed to do so in a separate agreement with The University of Glasgow. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and agree not to run any form of spam or auto-responder on the Services.

If you breach this provision, you may be committing a criminal offence. The University of Glasgow will report any such breach to the relevant law enforcement authorities and The University of Glasgow will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the website will cease immediately.

The University of Glasgow does not guarantee that any Content will be made available on or through the Services. The University of Glasgow has no obligation to monitor the Services or Content.

You are responsible for configuring your information technology, computer programmes and platform in order to access the website. You should use your own virus protection software.

Registration

In order to use parts of the Services, you may be required to register with The University of Glasgow and select a password and “user name”. You shall not:

  • create or use as a username the name of another person with the intention of impersonating that person;
  • use as a user name a name which is subject to any rights of a person other than you without appropriate authorisation; or
  • use as a user name a name which is offensive or inflammatory as deemed by The University of Glasgow in its sole discretion.

The University of Glasgow reserves the right to refuse registration of or to cancel a user name in its sole discretion and to disable any user name or password, at any time, if in its reasonable opinion you have failed to comply with any of the provisions of the Terms. You agree not to use another user’s account without such other user’s express permission.

You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services. You must not disclose this information to any third party. If you become aware of any unauthorized use of your password or of your account, you agree to notify The University of Glasgow immediately by email to sparkfunder@glasgow.ac.uk

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

Payments and Fees

All payments are made to the University of Glasgow Trust, a registered charity in Scotland (registration number SC008303), having its main administrative offices at the Development & Alumni Office, 3 The Square, University of Glasgow, University Avenue, Glasgow G12 8QQ. The trustees of the University of Glasgow Trust hold the Trust’s property and funds for the benefit of the University of Glasgow.

All funds are collected by the University of Glasgow Trust via Stripe. Stripe is a payment service which allows the University of Glasgow Trust to accept and process credit card, debit card and other types of card payments from Sponsors. Neither the University of Glasgow, University of Glasgow Trust nor Sponsorcraft Ltd is responsible for the performance or fairness of Stripe.

The University of Glasgow Trust will transfer pledges received via Stripe into a Project-specific account of the University of Glasgow.

Linking to the website

You may link to any page of the website, provided you do so in a way that is fair and legal and does not damage The University of Glasgow’s reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on The University of Glasgow’s part where none exists. You must not establish a link to the website in any website that is not owned by you. The website must not be framed on any other site. The University of Glasgow reserves the right to withdraw linking permission without notice.

Content

You should be aware that Content presented to you as part of the Services may be protected by intellectual property rights which are owned by the University of Glasgow, Sponsorcraft Ltd (or their licensors). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by the University of Glasgow or by Sponsorcraft Ltd, in a separate agreement.

No Content is intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the Content on the website.

The views expressed by other users on the website do not represent The University of Glasgow's views or values.

Licence from The University of Glasgow

The University of Glasgow gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive licence to use the Content provided to you by The University of Glasgow as part of the Services. This licence is for the sole purpose of enabling you to use the Services as provided by The University of Glasgow, in the manner permitted by the Terms. Use, reproduction, modification, distribution or storage of any part of the Services (including any Content) other than for personal, non-commercial use is expressly prohibited without prior written permission from The University of Glasgow.

You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of any part of the Services, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by The University of Glasgow in writing.

Unless The University of Glasgow has given you specific written permission to do so, you may not assign (or grant a sub-licence of) your rights to use the Services, grant a security interest in or over your rights to use the Services, or otherwise transfer any part of your rights to use, or obligations in relation to, the Services.

Termination

The University of Glasgow reserves the right to terminate your account or restrict access to all or any part of the Services at any time without notice or cause and such termination and/or restriction will be effective immediately. This may result in the forfeiture and destruction of all information associated with your membership. If you wish to terminate your account at any time, please contact us by email at sparkfunder@glasgow.ac.uk. The University of Glasgow will affect the termination of your account, and remove your information from the website, as soon as reasonably possible.

When the supply of the Services to you is terminated, for whatever reason, certain legal rights, obligations and liabilities that you and The University of Glasgow have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation and shall continue to have full force and effect. These include (but are not limited to) your obligations in relation to conduct, content, intellectual property rights, payment and indemnification, and The University of Glasgow’s rights in relation to payment, content, intellectual property rights, warranty disclaimer, limitation of liability and indemnification. The “General Legal Terms” section near the end of this document shall also continue to have full force and effect.

Warranty Disclaimer

Neither University of Glasgow nor Sponsorcraft Ltd guarantees that the website, or any Content on it, will always be available or be uninterrupted. Access to the website is permitted on a temporary basis. The University of Glasgow may suspend, withdraw, discontinue or change all or any part of the website without notice. The University of Glasgow will not be liable to you if for any reason the website is unavailable at any time or for any period. The Services are provided "as is" and "as available" and are without warranty of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed. The University of Glasgow, and its directors, employees, agents, suppliers, partners and content providers do not warrant that: (a) the Services will be secure or available at any particular time or location; (b) the website, or any Content on it, will be free from errors or omissions; (c) the Content on the website is accurate, complete or up-to-date; (d) any defects or errors will be corrected; (e) any content or software available at or through the Services is free of viruses or other harmful components; or (f) the results of using the Services will meet your requirements. Your use of the Services is solely at your own risk.

Indemnification

In the event that any action you take in relation to the Services constitutes defamation or the abuse of another user’s privacy, and such action results in claims, liabilities and expenses relating to such action, you shall defend, indemnify and hold unaccountable The University of Glasgow, The trustees of the University of Glasgow Trust, Sponsorcraft Ltd and all other parties associated with The University of Glasgow from such claims, liabilities and expenses. This means you will be responsible for any loss or damage which The University of Glasgow suffers as a result of any such action. The University of Glasgow reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate fully with The University of Glasgow in asserting any available defences.

Limitation of Liability

Nothing in these Terms excludes or limits The University of Glasgow’s liability for death or personal injury arising from The University of Glasgow’s negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by Scots law.

You agree not to use the website for any commercial or business purposes, and The University of Glasgow has no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

The University of Glasgow is not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of The University of Glasgow’s breach of the Terms or if it was contemplated by you and The University of Glasgow at the time we entered into this contract. The University of Glasgow shall not be liable for any damage whether in contract, tort (including negligence), breach of statutory duty or otherwise, even if foreseeable, arising under or in connection with: - use of, or inability to use, the website; - use of or reliance on any Content displayed on the website; - data loss, cost of procurement of substitute goods or services, consequential damages of any kind whatsoever, substitute goods or services (however arising); or - a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the website or to your downloading of any content on it, or on any website linked to it.

Notices

Any notices to be delivered to the Sponsor by the University of Glasgow in connection with the Services may be delivered electronically to the email address provided on registration or by posting them on the website.

Any notices to be delivered to the University of Glasgow to the Sponsor in connection with the Services may be delivered by post at Development & Alumni Office, No 2 The Square, University of Glasgow, G12 8QQ, or by email at sparkfunder@glasgow.ac.uk

Customer service

If you wish to make an inquiry or complaint, you can do so by post at Development & Alumni Office, No 2 The Square, University of Glasgow, G12 8QQ, or by email at sparkfunder@glasgow.ac.uk

Gift Aid

The University of Glasgow may include a Gift Aid option and any such option will be subject to the additional legal terms covering this.

General legal terms

The University of Glasgow may transfer its rights and obligations under the Terms to another organisation, and The University of Glasgow will always notify you in writing if this happens, but this will not affect your rights or The University of Glasgow’s obligations under the Terms.

You agree that if The University of Glasgow does not exercise or enforce, or delays in exercising or enforcing, any legal right or remedy which is contained in the Terms (or which The University of Glasgow has the benefit of under any applicable law), this will not be taken to be a formal waiver of The University of Glasgow’s rights and that those rights or remedies will still be available to The University of Glasgow (and does not mean that you do not have to comply with your obligations). If The University of Glasgow does waive a default by you, The University of Glasgow will only do so in writing, and that will not mean that The University of Glasgow will automatically waive any later default by you.

This contract is between you and The University of Glasgow. A person who is not a party to the Terms has no right to rely on or enforce any of the Terms.

Each of the paragraphs of the Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

Your statutory rights as a consumer are unaffected by the Terms and you may have rights under statute additional to those granted by the Terms. If in doubt you should contact your local Citizens’ Advice Bureau or Trading Standards Office.

Where the words "in writing" appear in the Terms, this includes email.

Governing Law

The Terms, and your relationship with The University of Glasgow under the Terms (including the subject-matter of the Terms and the formation of the contract, and any contractual or non-contractual dispute associated with your use of the Services), are governed by Scots law. You and The University of Glasgow agree that the courts of Scotland shall have non-exclusive jurisdiction to resolve any such dispute. Notwithstanding this, you agree that The University of Glasgow shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

Effective Date: 27.03.2019