Terms & Conditions

 

These Terms and Conditions (“Terms”) govern your access to, downloading and use of the entire contents of the Elbi app (including services made available by it) (“App”) owned and operated by Elbi Digital, a company limited by guarantee and registered with Companies House in England and Wales under number 09146300 (“Elbi”, “us”, “we”, “our”). Please read these Terms carefully before using the App. They are a legal agreement between you and Elbi. Using any part of the App indicates that you accept these Terms. If you do not accept these Terms, please do not use the App, cease downloading the App, or leave the App.

1. INTRODUCTION

1.1 Elbi offers and maintains the App to promote and enable the charitable giving of time and/or money.

1.2 If you wish to make a monetary donation (“Donation”) for use by one or some of the Charities accessible from the App (“Charity” or “Charities”), that Donation is made to the Charity using a payment provider registered in Ireland called Stripe Payments, Europe Limited (“Stripe”). As such, the contractual relationship in relation to that Donation is between you and Stripe. Elbi does not see or store any of the information you provide to Stripe. Stripe’s terms of service can be found here.

1.3 Elbi licenses use of the App to you on the basis of these Terms and subject to any rules or policies applied by any app store provider or operator from whose site you downloaded the App (“App store Rules”). Elbi remains the owner of the App at all times.

1.4 Elbi may revise these Terms from time to time by letting you know at least one month before the revised Terms come into effect. If you don’t want to accept the revised Terms, you should stop using the App and delete it from your device. If you continue to use the App, you will be deemed to accept the revised Terms and Conditions.

1.5 From time to time, updates to the App may be issued through your app store provider. Depending on the update, you may not be able to use the App until you have downloaded the latest version of the App and accepted any new Terms.

1.6 You warrant that you are at least 12 years of age. You also warrant that you are the owner of the device to which you have downloaded the App, or that you have obtained permission from the owners of that device to download the App. You accept responsibility in accordance with these Terms for the use of the App on any device, whether or not that device is owned by you. You shall not make Donations unless you are the registered owner of a valid credit or debit card.

1.7 By using the App, you consent to us collecting and using technical information about the devices used to access the App and any related software, hardware and/or peripherals to improve our products and to provide any Services to you.

2. YOU, ELBI, THE APP & CHARITIES

2.1 The App allows you to donate your time and or money to Charities accessible from it. We cannot accept responsibility for the activities of the Charities. All of the Charities are registered with the Charities Commission (www.gov.uk/government/organisations/charity-commission) or recognised as an equivalent organisation outside the UK (for example organisations recognised by the United States Internal Revenue Service as tax exempt organisations as described in Section 501(c)(3) of the Internal Revenue Code).

2.2 Elbi does not warrant that your Donation will be used by the Charities for any particular purpose. The Charities reserve the right to use your Donation for any purpose in accordance with their own rules. If you want your proposed Donation to be used for a specific purpose, you should contact the Charity outside of the App and make your donation directly to that Charity. Elbi shall not be responsible for any dissatisfaction you may have regarding a Charity’s use of any Donation you may make through the App or for any misuse or non-use of such Donations by the Charity.

3. FEES AND APP SECURITY

3.1 Elbi does not charge you a fee for the App or the Content (as defined below). However, each Donation made by you is processed by Stripe, which charges a small fee (as set out in our FAQs) and forwards the balance to the appropriate Charity.

3.2 When you register with us and choose a password to protect your secure account, you are responsible for maintaining the confidentiality of your password. If you become aware of any unauthorised use of your password, we recommend that you change your password immediately.

4. LICENCE GRANT AND USE OF APP CONTENT

4.1 In consideration of you agreeing to abide by these Terms, Elbi grants you a non-transferable, non-exclusive licence to use the App on the devices you used to download the App, for personal, non-commercial use only, and subject to these Terms, our Privacy and Cookie Policy and the App store Rules, which are all incorporated into these Terms by reference.

4.2 Apart from User Content (as defined in clause 7.1 below), all images, text, icons and other content on the App (“Content”), as well as the arrangement of the Content on the App, is protected by copyright and other intellectual property rights. Except as provided in these Terms or otherwise in writing by Elbi, you are not granted any licence to use the Content or its arrangement. Nothing in these Terms grants you a licence to use any Elbi trademarks or the trademarks of any Charities or other third parties on the App.

4.3 Unless you have entered into a separate written agreement with us, you shall not copy, republish, frame, link to, download, transmit, modify, adapt, rent, lease, loan, sell, assign, distribute, license or sublicense the App or any of the Content. No copyright and/or other intellectual property notices or watermarks on any Content shall be deleted or modified.

4.4 You shall not disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App except to the extent allowed by law.

4.5 If you breach any of the terms in these Terms and Conditions, your permission to use the App automatically terminates. In addition, Elbi shall have the right to block, restrict, disable, suspend or terminate your access to all or any part of the App or its Content at any time in its discretion without liability to you.

4.6 Any rights not expressly granted in these Terms are reserved.

5. YOUR ACCESS TO OUR SERVICES

5.1 While Elbi endeavours to ensure that the App is normally available 24 hours a day, Elbi shall not be liable if for any reason the App is unavailable at any time or for any period.

5.2 Access to the App may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond Elbi’s control.

6. YOUR PRIVACY

6.1 Elbi is committed to respecting your privacy and the privacy of all individuals using the App. More information regarding how Elbi may use your personal data can be found in Elbi’s Privacy and Cookie Policy which is incorporated into these Terms by reference.

7. YOUR CONTENT AND CONFIDENTIALITY

7.1 Other than personally identifiable information (which is covered under our privacy and cookie policy visible below) any material you transmit or post to the App (“User Content”) shall be considered non-confidential and non-proprietary. Elbi shall have no obligations with respect to such material. Elbi shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes. Elbi reserves the right to remove User Content from the App for any reason.

7.2 You are prohibited from posting or transmitting to or from the App any material:

(a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or

(b) for which you have not obtained all necessary licences and/or approvals; or

(c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or

(d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).

7.3 Elbi shall be entitled to remove any material from the App which is posted or transmitted to the App in contravention of these Terms.

7.4 You shall not:

(a) use the App or its Content in any unlawful manner;

(b) misuse the App (including, without limitation, by hacking or inserting malicious code);

(c) resell or make commercial use of the App or its Content;

(d) infringe our or any third party’s intellectual property rights in your use of the App or its Content;

(e) frame or use any framing techniques to enclose the App or any part of it;

(f) take any action that in our sole discretion places an unreasonable or disproportionately large load on our servers or other infrastructure; or

(g) use the App in any way which may cause, or be likely to cause, access to or use of the App to be interrupted, damaged or impaired in any way.

8. LINKS TO AND FROM OTHER APPS & WEBSITES

8.1 Links to third party apps and websites on the App are provided solely for your convenience. Elbi has not reviewed all of these third party apps and websites and does not control and is not responsible for these apps/websites or their content or availability. Elbi does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party apps/websites linked to the App, you do so entirely at your own risk.

9. DISCLAIMER

9.1 While Elbi endeavours to ensure that the Content is correct, Elbi does not warrant the accuracy and completeness of the Content. Elbi may make changes to the Content at any time without notice. The Content may be out of date and Elbi makes no commitment to update such material.

9.2 The material on the App is provided “as is”, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, Elbi provides you with the App on the basis that Elbi excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which, but for these Terms, might have effect in relation to the App.

9.3 Elbi is not an accounting, taxation or financial advisor. You should not rely on information given in the App or its Content to determine the accounting, tax or financial consequences of making a Donation. We recommend that you consult your own adviser(s) about such matters.

10. INDEMNITY

10.1 You shall indemnify Elbi against any loss, damages, costs or expenses which are awarded against or incurred by Elbi as a result of any claim or threatened claim (including any claim or threatened claim by a third party) arising out of or related to any breach by you of any of these Terms or your infringement of intellectual property rights.

11. LIABILITY

11.1 Nothing in these Terms shall exclude or limit either your or Elbi’s liability for:

(a) death or personal injury resulting from the negligence of the other or their servants, agents or employees;

(b) fraud or fraudulent misrepresentation; or

(c) breach of any implied condition as to title or quiet enjoyment.

11.2 Save to the extent that these Terms state otherwise, nothing in these Terms shall exclude or limit your liability under clause 10 (Indemnity).

11.3 Subject to clauses 11.1 and 11.2, neither you nor Elbi shall be liable in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent misrepresentation) or otherwise arising out of or in connection with these Terms for:

(a) any economic losses (including, without limitation, loss of revenues, profits, contracts, data, business, anticipated savings or cost of substitute services);

(b) any loss of goodwill or reputation; or

(c) any special, indirect or consequential losses;

in any case, whether or not such losses were within the contemplation of you and Elbi at the date of these Terms, suffered or incurred by you or Elbi arising out of or in connection with the provisions of, or any matter under, these Terms.

11.4 Subject to clauses 11.1, 11.2 and 11.3, each party’s total liability to the other in relation to all events or series of connected events occurring under these Terms (and whether the liability arises because of breach of contract, negligence or for any other reason) shall be limited to £10,000.

11.5 Nothing in these Terms excludes any statutory rights which may apply to your use of the App which cannot be excluded, restricted or modified by contract.

12. TERMINATION

12.1 We may terminate these Terms and Conditions immediately by written notice to you:

(a) if you commit a material or persistent breach of these Terms which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so; and/or

(b) if you breach any of clauses 1.6, 4.3, 4.4, 7.2 or 7.4.

12.2 You may discontinue your use of the App at any time. These Terms will continue to apply to past use of the App by you.

12.3 On termination for any reason:

(a) all rights granted to you under these Terms shall cease;

(b) you must immediately cease all activities authorised by these Terms; and

(c) you must immediately delete or remove the App from all devices.

13. MISCELLANEOUS

13.1 To contact us in writing send your communication to us by e-mail to Elbi Digital at support@elbi.com.

13.2 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks (“Event Outside Our Control”). If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms:

(a) our obligations under these Terms shall be suspended for the duration of the Event Outside Our Control; and

(b) we will use our reasonable endeavours to find a solution by which our obligations under these Terms may be performed despite the Event Outside Our Control.

13.3 We may transfer our rights and obligations under these Terms to another organisation, but this will not affect your rights or our obligations under these Terms.

13.4 You may only transfer your rights or obligations under these Terms and Conditions to another person if we agree in writing.

13.5 A person who is not a party to these Terms has no right to enforce any term of these Terms.

13.6 If we fail to insist that you perform any of your obligations under these Terms, 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 and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

13.7 Each of the conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.

13.8 These Terms and Conditions shall be governed by and construed in accordance with English law. Disputes arising in connection with these Terms shall be subject to the exclusive jurisdiction of the English courts.

Last updated 01/17