PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE ROCKET FUND WEBSITE.
Terms and Conditions
Your use of this website (www.rocket.fund and all associated web pages, the “Site”) and the services offered and supplied via the Site (the “Services”), whether as a guest or a registered user, is subject to the following terms and conditions between you and Nesta. Nesta is the manager of the Rocket Fund programme and the Site. Nesta’s registered office is 58 Victoria Embankment, London, EC4Y 0DS. Nesta is registered in England and Wales, with company registration number 7706036. Nesta is registered as a charity in England and Wales with registration number 1144091 and is registered as a charity in Scotland with registration number SC042883.
Use of the Site includes accessing, browsing, or registering to use the Site. Please read these terms and conditions carefully before you start to use the Site, as these will apply to your use of the Site and by continuing to use the Site you are deemed to have accepted them. If you do not wish to be bound by these terms and conditions, you should not continue to use or access the Site or use any of the Services.
The Site is provided by Nesta’s third party service provider, Sponsorcraft Ltd, however these terms and conditions operate between you and Nesta only. Sponsorcraft Ltd has no direct contractual relationship with you, except in relation to certain rights which Sponsorcraft Ltd may enforce under these terms and conditions. Your attention is drawn to the paragraph immediately below and the paragraphs entitled “Warranty Disclaimer”, “Limitation of Liability” and “Indemnification”.
The Rocket Fund Blog is hosted by the blog hosting platform WordPress.com which is provided by Automattic Inc and its subsidiary companies (“Automattic”). Automattic has no direct contractual relationship with you.
- The term 'Content' means any content, including (but not limited to) videos, audio clips, text, software, pictures, template forms, reviews, comments and other features and information which Nesta has made available as part of the Services, including content which you have uploaded to the Site in accordance with the Terms.
- The term ‘Creator’ means any person aged 18 or over employed in a UK school who has registered on the Site as the owner of a Project.
- The term ‘Donor’ means any organisation or individual contributing financially to a Project.
- The term ‘Project’ means any Project approved by Nesta and posted on the Site.
- The “Site” means www.rocket.fund and associated web pages.
- The term “Supplier” means any supplier of education technology products who is accessing or using the Services;
Accepting the Terms
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. Nesta 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 Nesta or (b) you are a person not allowed to receive or use the Services under the laws of England and Wales or the country in which you are resident or from which you use the Services. At present, the Site is intended to provide a service for UK schools only.
For the steps you need to take to register your Projects or pledge a donation to a Project on the Site, please see www.rocket.fund/faq.
Changes to the Services
Nesta reserves the right to change, suspend or discontinue the Services at any time, by posting on the Site or by sending you an email. You agree that Nesta 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 Site periodically for changes, as they are binding on you. You agree that in continuing to use the Services following the posting of any changes such continued use constitutes acceptance of those changes.
In order to use parts of the Services, you may be required to register with Nesta and select a password and “user name”.
You shall not:
- create or use as a user name, 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 Nesta in its sole discretion.
Nesta 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 Nesta immediately by email to email@example.com.
Accordingly, you agree that you are solely responsible for all activities that occur under your account.
You agree to use the Site 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) or the Rocket Fund Blog or, if you are a Supplier, for the purpose of requesting, creating and making available a Template Project (described further below). 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:
- infringes any patent, trade mark, copyright, right of publicity or other such right of any other person or entity or violates any law or contractual duty;
- is false, misleading, inaccurate, slanderous or defamatory;
is obscene, offensive, harassing (or advocating harassment), threatening, inflammatory, unlawful in any way or otherwise objectionable;
- impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, including (but not limited to) the Site, Nesta or any of its employees or representatives;
constitutes advertising or commercial activities which has not been authorised in writing by Nesta or constitutes spam, junk mail or political campaigning;
- constitutes, encourages, promotes or provides instructions for a conduct of an illegal activity, criminal offense or give rise to civil liability, or provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
- 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;
- in connection with use related to the Rocket Fund Blog, is otherwise in breach of the Automattic User Guidelines;
- in the sole judgment of Nesta, (a) violates any of the above restrictions herein, (b) is objectionable, (c) which restricts or inhibits any other person from using or enjoying the Site, or (d) which may expose Nesta or its affiliates or its users to any harm or liability of any type.
Additionally, you agree not to:
- take any action that imposes or may impose (as determined by Nesta in its sole discretion) an unreasonable or disproportionately large load on Sponsorcraft Ltd’s or Nesta’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 Site 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 Nesta via Sponsorcraft Ltd, unless you have been specifically allowed to do so in a separate agreement with Nesta. 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. Nesta will report any such breach to the relevant law enforcement authorities and Nesta will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.
Nesta does not guarantee that any Content will be made available on or through the Services. Nesta has no obligation to monitor the Services or Content and takes no responsibility and assumes no liability for any Content posted, uploaded by you or any third party or any loss or damage thereto.
Nesta reserves the right, in its sole discretion to edit, modify or remove any Content from the Site at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if Nesta is concerned that you may have violated the Terms).
You are responsible for configuring your information technology, computer programmes and platform in order to access the Site. You should use your own virus protection software.
Creators’ use of the Site
Nesta acts as an intermediary between Creators and Donors and other users of the Site.
If you are a Creator, you may be provided with details of the Donors who have donated to your Project. You may only use the Rocket Fund communications features (updates & messages) to inform Donors about the progress of the project or regarding rewards and their delivery. You may not contact Donors for any other purpose, or using any other communication means outside of the Rocket Fund platform (except for delivery of rewards where relevant and consented to by the Donor).
When you register a Project on the Site, you represent, warrant and undertake to Nesta and all users of the Site that:
- you are employed by a UK school;
- your Project will be for the direct benefit of students aged 18yrs and under at the school where you are employed;
- you are 18 years of age or older;
- you are the person with ultimate responsibility for the Project;
- you will obtain, maintain and renew (as applicable) any necessary approval (including from relevant senior staff at your school), authority, consent, licence or any other permissions in relation to your use of the Services to achieve funding for the Project and comply with all applicable laws;
- your school and, where relevant, parent-teacher association are aware of and has agreed to these terms and conditions, including (but not limited to) those terms relating to the use of funds donated through the Site and received into your school’s (or, where relevant, the parent-teacher association’s) bank account;
- you will use goods purchased using the Donor pledges in accordance with the Project’s stated aims;
- you will not misuse any goods purchased using Donor pledges, including (but not limited to) not using any equipment for purposes which are not stated aims of the Project.
You and your school (or, where relevant, parent-teacher association) must only use the funds raised from Donor pledges on the Site for the purposes of purchasing the goods specified in the description of your Project on the Site, and will not use such funds for any other purpose whatsoever. You and your school (or, where relevant, parent-teacher association) must promptly on request provide evidence to Nesta to prove all funds raised through the Site have been used in accordance with these Terms.
You and your school (and, where relevant, parent-teacher association) acknowledge and agree that Nesta is not responsible or liable for any goods or other items that may be purchased using the funds raised on the Site. It is your responsibility to ensure the suitability, safety, quality and reliability of such goods.
BEFORE you upload any images or videos to the Site which identify individuals under 18, you must obtain parental consent for such images or videos to be uploaded and for Nesta to use them for promotional and marketing purposes in relation to your Project and the Rocket Fund. The signed consents must be made available to Nesta on request. Please do not include personally identifiable information about students in any images or videos.
You may offer a reward to any Donor for his/her donation, but the reward(s) you offer must not exceed 25% of the value of the individual Donor’s donation. Nesta recommends that you offer to thank the Donor digitally as a reward. Such a reward has a negligible financial value. Please do not include personally identifiable information about students in any thank you message to Donors.
If, having submitted a Project, you wish to cancel it or you realise you can no longer carry it out, you must inform Nesta immediately.
You may not edit a Project after it has been submitted to the Site.
Nesta may make match funding available in respect of Projects that have raised funds on the Site.
Where match funding is made available by Nesta as a “Rocket Boost”, this will be limited to 50% of the total amount you’ve raised for the Project, with a maximum cap of i) £500 if the Project’s financial target is £1,000 or more or ii) 50% of the Project’s financial target if this is below £1,000.
Any match funding made available or awarded will be at Nesta’s discretion and will be subject to such terms and conditions as Nesta may specify from time to time.
All funds donated on the Site are collected via Stripe and paid to Nesta. Stripe is a payment service which allows Nesta to accept and process credit card, debit card and other types of card payments from Donors. Once a Donor’s donation has been collected by Stripe, it is non-refundable. Neither Nesta nor Sponsorcraft Ltd is responsible for the performance or fairness of Stripe. Given the occasional failures of some credit cards, neither Nesta nor Sponsorcraft Ltd can guarantee the full receipt of the funds raised.
If a Project achieves its financial target by its specified completion date, Donors’ pledges will be processed via Stripe and paid to Nesta. Nesta will then arrange for the funds to be transferred to the bank account of the Creator’s school (or, if relevant, the school’s parent-teacher association) so that they can purchase the goods specified in the description of the Project on the Site. Nesta will not transfer funds to the personal bank account of the Creator or any other personal bank account.
If a Project does not achieve its financial target by its specified completion date, no funds will be collected by Stripe from Donors and no funds will be passed to Nesta or the Creator’s school or parent-teacher association in relation to that Project.
The Site allows Creators to fundraise in excess of their Project’s financial target. Where the value of donations received from Donors exceeds a Project’s financial target, the excess funds will be also transferred to the bank account of the Creator’s school (or, if relevant, the school’s parent-teacher association) so that they can be used as the Creator has specified in the description of the Project on the Site.
If the Creator uses the funds received for any other purpose, Nesta reserves the right to require repayment by the Creator of the full amount.
Creators are not permitted to make donations to their own Projects.
It is the Creator’s responsibility to ensure that any bank details or other information provided to Nesta for the purposes of enabling the transfer of funds to the school (or, where relevant, parent-teacher association) are accurate and complete, and Nesta shall not be responsible or liable in the event that inaccurate or incomplete information is provided.
If, after a Project has completed and donations have been received by Nesta, but before Nesta has transferred the funds to the Creator’s school (or, if relevant, parent-teacher association), it transpires either that the Creator has acted fraudulently in any way in relation to the Project, or the Creator or the Creator's school notifies Nesta that it does not wish to continue with the Project and it does not wish to receive the funds or the products specified in the Project description, Nesta may retain the donations collected in relation to the Project and may use those funds to fund other Projects or to cover Rocket Fund's operational costs at its discretion.
Interaction between Creators and Donors
Nesta shall not be liable for your interactions with any organisations, Donors or individuals found on or through use of the Services or the Site. Nesta does not exercise control over the timings or performance of Projects in any way; does not warrant that Donors’ pledges will be used for any particular purpose; and is not responsible for any dissatisfaction a Donor may have regarding Creators’ use of Donors’ pledges, including (but not limited to) any misuse of Donors’ pledges. Nesta is not responsible for any damage or loss incurred as a result of any such dealings in relation to the Projects or otherwise. All dealings are solely between you and such organisations and/or individuals as the case may be.
Nesta is under no obligation to become involved in disputes between Donors and Creators, or between Site members and any third party. In the event of a dispute, you agree not to pursue Nesta, its officers, employees, agents, Sponsorcraft Ltd or their successors in relation to any claims arising out of or related to such disputes and agree that Nesta, its officers, employees, agents, Sponsorcraft Ltd and their successors are exempt from and not subject to such claims. Creators are solely responsible for fulfilling obligations both implied and stated in any Project they create.
Nesta reserves the right to remove a Project from the Services and cancel all associated Donors' pledges at any time for any reason.
As part of the Services, Suppliers may submit a request for a Template Project in respect of education technology products they market or sell. Template Projects can be used by Creators when creating a description for their Project. They aim to make it easier for Creators to complete effective pitches for education technology products they would like to purchase using funds raised on the Site.
A request for a Template Project will be subject to the Template Project fee set out in the “Template Project Form”. The Template Project Fee is exclusive of VAT which must be paid in addition by the Supplier. The Template Project Fee must be paid by the Supplier within 30 days of receipt of invoice in the manner stated on the invoice, which may be via our payment service provider, Stripe.
Except as otherwise stated in the “Template Project” section of these Terms, the Template Project Fee is non-refundable once collected by Stripe.
Nesta reserves the right to refuse a request for a Template Project for any reason in its sole discretion. In such circumstances, Nesta shall refund any Template Project Fee already paid by the Supplier.
Nesta reserves the right in its sole discretion to remove any Template Project from the Site or prevent its use on the Site at any time. In such circumstances, Nesta will notify the Supplier who shall immediately stop using and promoting the use of the Template Project. Nesta shall provide a refund of any portion of the Template Project Fee already paid by the Supplier relating to the period after the removal of the Template Project (to be calculated on a pro rata basis), except where the Supplier is in breach of these terms.
The Supplier may at any time request that its Template Project it requested is removed from the Site by providing written notice to Nesta at firstname.lastname@example.org. In such circumstances, Nesta shall remove the Template Project as soon as reasonably practicable. Notwithstanding this, Nesta shall not be obliged to remove or prevent the use of a Template Project whilst it is already in use by a Creator, but shall cooperate with the Supplier in good faith with the aim of finding an acceptable solution.
You confirm that any information, content or images provided by you when requesting a Template Project is/are complete and accurate and that you have obtained all required consents for such information, content and/or images to be used in accordance with the Content licence from you described below.
You acknowledge and agree that any information, content or images provided by you for a Template Project may be used by Creators for the purposes of completing their Project description, promoting their Project and otherwise in connection with their use of the Site and Services.
Nesta will use reasonable skill and care when preparing a Template Project requested by you. Nesta makes no other warranties or representations in relation to Template Projects and, in particular but without limitation, makes no warranty or representation that any Template Project will be used by Creators for a Project or will result in any increased interest in or sales of Supplier products.
If you are a Creator, you may only use Template Projects for the purposes of your completing the description of your Project(s) on the Site and may not use it for any other purpose.
Nesta is not responsible for any information, content and/or images in Template Projects that have been provided by a Supplier, including (but not limited to) the accuracy or completeness of such information, content and/or images. If you are a Creator, you and your school (and, where relevant, parent-teacher association) acknowledge and agree that Nesta is not responsible or liable for any goods or other items that may be purchased using the funds raised on the Site, including (but not limited to) any goods or other items referred to in a Template Project. It is your responsibility to ensure the suitability, safety, quality and reliability of such goods.
You acknowledge that all Content which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated.
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 those who provide Content to Nesta (or by other persons or companies on their behalf). 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 Nesta or by the owners of that Content, in a separate agreement.
Nesta reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any part of the Services. You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk. Nesta takes no responsibility and assumes no liability for any Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Nesta liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity or profanity you may encounter.
Amongst other things, the Site enables individuals to post reviews about purchases made using funds raised through the Site. Nesta is not liable for any statements, representations or Content provided by users in any such reviews or otherwise on the Site.
You agree that you are solely responsible for (and that Nesta has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which Nesta may suffer) by doing so. In particular, Nesta will not be responsible, or liable to any third party, for the content or accuracy of any Content posted by you or any other user of the Site.
Whenever you make use of a feature that allows you to upload content to the Site, or to make contact with other users of the Site, you must comply with the Terms. You warrant that any such contribution does comply with the Terms, and you will be liable to Nesta and indemnify Nesta for any breach of this warranty. This means you will be responsible for any loss or damage which Nesta suffers as a result of your breach of warranty.
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 Site.
The views expressed by other users on the Site do not represent Nesta's views or values.
Licence from Nesta
Nesta gives you a personal, worldwide, royalty-free, revocable, non-assignable and non-exclusive licence to use the Content provided to you by Nesta as part of the Services. This licence is for the sole purpose of enabling you to use the Services as provided by Nesta, 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 Nesta.
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 Nesta in writing.
Unless Nesta 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 or obligations in relation to the Services.
Content licence from you
You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Services. By submitting, posting or displaying the Content you give Nesta a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive licence to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on, or through, the Services, and you warrant that where such Content includes images or videos of individuals aged under 18, you have obtained parental consent for those images to be displayed as Content and to be used by Nesta for promotional and marketing purposes in relation to the Rocket Fund programme. This licence is for the sole purpose of enabling Nesta to display, distribute and promote the Services and the Rocket Fund programme as a whole.
You understand that Nesta, in performing the required technical steps to provide the Services to our users, may make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this licence shall permit Nesta to take these actions.
You confirm and warrant to Nesta that you have all the rights, power and authority necessary to grant the above licence. Other than as set out in these Terms, Nesta acknowledges and agrees that it obtains no right, title or interest from you under these Terms in or to any Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with Nesta, you agree that you are responsible for protecting and enforcing those rights and that Nesta has no obligation to do so on your behalf.
You agree to Nesta (and others permitted by Nesta to act on its behalf) doing the following in connection with the provision of the Services:
- using and performing the Services on your behalf (including but not limited to displaying, utilising and promoting the Content together with any other such information as is required in order for the Services to function effectively);
- allowing others to utilise the Content as part of the Services; and
- publishing, and permitting others to publish, the name(s), trademarks, and details of you and the other Creators involved in your Projects.
You hereby agree to Nesta using, and displaying as appropriate your trademarks, logos or similar proprietary rights solely in connection with the Services. None of the above affects your ownership rights in relation to Content you submit, post, transmit or display on, or through, the Site.
Linking to the Site
You may link to any page of the Site, provided you do so in a way that is fair and legal and does not damage Nesta’s or the Rocket Fund programme’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 Nesta’s part where none exists.
You must not establish a link to the Site in any website that is not owned by you. The Site must not be framed on any other site. Nesta reserves the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with the content requirements set out in these Terms. If you wish to make any use of content on the Site other than that set out above, please contact email@example.com.
It is Nesta's policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law and to terminate the accounts of repeat infringers.
You must not reproduce the Rocket Fund logo, Nesta’s logo or Nesta’s intellectual property without our express written permission.
If you wish to make an inquiry or report a copyright infringement, you can do so by contacting us either by post to do so by contacting us either by post to Nesta, 58 Victoria Embankment, London EC4Y 0DS, or by email to firstname.lastname@example.org.
Third party websites
The Site may contain links to other websites or resources on the Internet, and other websites or resources may contain links to the Site. You acknowledge that Nesta is not responsible or liable for the content or any aspect of such third party websites and you use them at your own risk. The fact that Nesta provides links to certain third party websites does not in any way constitute endorsement of, or association with such websites by Nesta. Furthermore, you acknowledge and agree that Nesta shall not be responsible or liable for any damage or loss caused by your use of any such website or resource.
Nesta reserves the right to terminate your account or restrict access to all or any part of the Services including restricting access to or terminating any Project or removing any Template Project at any time without notice or cause and such termination, restriction and/or removal will be effective immediately. This may result in the forfeiture and destruction of all information and/or Content associated with your membership. If you wish to terminate your account at any time, please contact us by email at email@example.com. Nesta will terminate your account, and remove your information from the Site, 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 Nesta have benefited from and have been subject to, 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 Nesta’s rights in relation to payment, Content, intellectual property rights, the warranty disclaimer below, 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.
You agree and acknowledge that Nesta has no special relationship with you nor owes any fiduciary duty to you. You acknowledge that Nesta cannot control, nor has it any obligation to act in relation to:
- the way in which you or any other user of the Site utilise the Content;
- what Content you access via the Site;
- the impact the Content may or may not have on you;
- which users gains access to the Site; or
- what actions you may take as a result of having been exposed to the Content.
You agree that Nesta is not liable for you having acquired or not acquired Content through the Site. Nesta does not guarantee that the Site, or any Content on it, will always be available or be uninterrupted. Access to the Site is permitted on a temporary basis. Nesta may suspend, withdraw, discontinue or change all or any part of the Site without notice. Nesta will not be liable to you if for any reason the Site 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, are expressly disclaimed.
Nesta, 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 Site, or any Content on it, will be free from errors or omissions; (c) the Content on the Site 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 Site and the Services is solely at your own risk.
In the event that any action you take in relation to the Services constitutes an infringement by you or anyone else using your account of any intellectual property rights whatsoever, or constitutes defamation or the abuse of another user’s privacy, or if you are a Creator or Supplier and you do or fail to do anything which results in Nesta or Sponsorcraft Ltd suffering reputational or other damage, and such action results in claims, liabilities and expenses relating to such action, you shall defend, indemnify and hold unaccountable Nesta, its employees, directors, Sponsorcraft Ltd and all other parties associated with Nesta from such claims, liabilities and expenses. This means you will be responsible for any loss or damage which Nesta and/or Sponsorcraft Ltd suffer as a result of any such action. Nesta 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 Nesta in asserting any available defences.
Limitation of Liability
Nothing in these Terms excludes or limits Nesta’s liability for death or personal injury arising from Nesta’s negligence, or its fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
Except where permitted by Nesta in writing, you agree not to use the Site for any commercial or business purposes. In any event, Nesta has no liability to you whether in contract, tort (including negligence), breach of statutory duty or otherwise for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Nesta is not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of Nesta’s breach of the Terms or if it was contemplated by you and Nesta at the time we entered into this contract. Nesta 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 Site;
- use of or reliance on any Content displayed on the Site;
- loss of reputation or goodwill;
- 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 Site or to your downloading of any content on it, or on any website linked to it.
If the Nesta is found liable for any loss or damage that arises out of or is in any way connected with your use of the Site or Services, then its total liability (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) for all claims will in no event exceed the greater of: (a) the sums paid by you to Nesta for the transaction(s) on the Site giving rise to the claim; or (b) one hundred pounds sterling (£100).
Electronic notification policy
By using the Services, you consent to receiving from Nesta all communications including notices, agreements, legally required disclosures, newsletters or other information in connection with the Services (collectively, "Contract Notices") electronically. Additionally, Nesta reserves the right to contact Creators regarding their Project and Suppliers regarding their use of the Services, by telephone or email. Nesta may provide such electronic Contract Notices by posting them on the Site or by emailing a Creator or Supplier directly using the email address held on account or otherwise provided. If you desire to withdraw your consent to receive Contract Notices electronically, you must discontinue your use of both the Site and the Services. You can unsubscribe from the newsletter at any time without affecting your use of the Site or Services.
Contact us about this Site
If you wish to make an inquiry or complaint, you can do so by post at Nesta, 58 Victoria Embankment, London, EC4Y 0DS, or by email at firstname.lastname@example.org.
General legal terms
You agree that Nesta may provide you with notices, including those regarding changes to the Terms, by email, or postings on the Site.
Nesta may transfer its rights and obligations under the Terms to another organisation, and Nesta will always notify you in writing if this happens, but this will not affect your rights or Nesta’s obligations under the Terms.
You agree that if Nesta does not exercise or enforce, or delays in exercising or enforcing, any legal right or remedy which is contained in the Terms (or which Nesta has the benefit of under any applicable law), this will not be taken to be a formal waiver of Nesta’s rights and that those rights or remedies will still be available to Nesta (and does not mean that you do not have to comply with your obligations). If Nesta does waive a default by you, Nesta will only do so in writing, and that will not mean that Nesta will automatically waive any later default by you.
This contract is between you and Nesta. 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. If you wish to contact Nesta in writing, or if any provision in the Terms requires you to give Nesta notice in writing, you can send this to Nesta by e-mail to email@example.com, or by pre-paid post to Nesta, 58 Victoria Embankment, London, EC4Y 0DS.
The Terms, and your relationship with Nesta 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 English law. You and Nesta agree that the courts of England and Wales shall have non-exclusive jurisdiction to resolve any such dispute. Notwithstanding this, you agree that Nesta shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.