Taking Ner to the next level logo

Terms of Use

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE OR OUR SERVICES (INCLUDING MAKING A DONATION)

These Terms describe how the Site and our services operate, what is Ner's Campaign and what we do for Ner. Terms in this document which are capitalised (such as those in the last sentence) are explained where they appear in bold in the document below.

References to 'you' or 'your' in this document refers to anyone using or viewing this Site, including a donor, a team captain, a charity, crowd funder, fundraiser or anyone else viewing the Site, whether an individual or entity or business or otherwise.

1. Who we are, who Ner is, the Site and our services
1.1. Neryisraelcampaign.co.uk (the Site) is a website operated by Ensemble Fundraising Ltd t/a fundmore.charity (we, us, fundmore.charity). We are registered in England under company number 15643293 and have our registered office at 17a Southbourne Crescent, London, England, NW4 2LB. We are a limited company. To contact us, please use the 'Contact Us' link on the Site.
1.2. The Site allows you to donate to and raise funds for Ner Yisroel Educational Trust, UK registered charity number 327078 (Ner). You can find details of Ner on the Charity Commission website at www.gov.uk/government/organisations/charity-commission.
1.3. Ner has an agreement with us authorising us to collect donations on Ner's behalf. However, we are not responsible for the activities of Ner.
2. By using the Site or our services you accept these terms and other terms referred to below
2.1. By using the Site or our services, you confirm that you accept these terms of use and the documents referred to in the clause below this one (together, all these being the Terms). By using the Site or our services you agree to comply with the Terms. If you do not agree to these terms, you must not use the Site or our services. We recommend that you print or otherwise save a copy of the Terms for future reference.
2.2. The Terms also include the following additional terms, which also apply to your use of the Site or our services:
2.2.1. Our Privacy Policy. See further under Section 17 below.
2.2.2. Our Acceptable Use Policy, which sets out the permitted uses and prohibited uses of the Site and our services. When using the Site or our services, you must comply with this Acceptable Use Policy.
2.2.3. Our Cookie Policy, which sets out information about the cookies on the Site.
2.3. We amend the Terms from time to time. Every time you wish to use the Site or our services, please check the Terms to ensure you understand the Terms that apply at that time.
3. The Campaign
3.1. Ner have told us that they are running a campaign to raise the total amount that appears on the Site (the Campaign Target) and that the purpose of that Campaign is to raise enough money to replace the roof of its synagogue building and to build a second floor room above the administration office of the synagogue (Campaign). Further details about the Campaign may appear on the Site.
3.2. Ner have also told us that:
3.2.1. if there are surplus funds from the Campaign, these may be used for the other activities and purposes of Ner as determined by the trustees; or
3.2.2. if not enough funds are raised to achieve the Campaign Target, Ner tell us that the funds raised will be used first to replace the roof of the synagogue building and any remainder held in abeyance until such time as enough funds are raised to build the second floor room above the administration office or if held as such for more than 2 years then they may be used for the other activities and purposes of Ner as determined by the trustees of Ner.
4. Donations and Authorisations
4.1. We have an agreement with Ner to collect donations on behalf of Ner. We make no charge to Ner for this service other than payment of our disbursements and expenses.
4.2. We will process your donation via the payment method used at the time of donating.
4.3. Sometimes we reject donations, for example, because we can't verify something we might need to. When this happens, we let you know as soon as possible and refund any sums you have donated.
4.4. Subject to applicable local laws, donations will not be refunded for any reason, unless there is proven unauthorised use of your payment card or other payment method. If you become aware of fraudulent use of your card or other payment method, or if your card is lost or stolen, you should contact the provider of that payment method for assistance. In the rare circumstance when a donation should be refunded, you must directly contact Ner about this.
4.5. If for some reason we are unable to transfer to Ner funds from your donation, we will return your donation via the payment method from which you made the donation. If we are unable to return your donation via the payment method you used, your donation will be sent to another charity, subject to the deduction of applicable transaction and payment processing fees.
4.6. Donations may be subject to third party payment processing fees which are paid by the receiving charity out of the donation (for example to payment processors such as Stripe).
4.7. We may ask for a voluntary gratuity from a donor (which is distinct from the donation to the charity) if you are a UK taxpayer and you:
4.7.1. donate to a charity or certain Community Amateur Sports Clubs (CASCs) on the Site or through its associated services;
4.7.2. elect to have the charity or CASC reclaim Gift Aid under the UK government's Gift Aid scheme; and
4.7.3. confirm that you are a UK taxpayer in accordance with the requirements of the Gift Aid scheme as they apply from time to time.
4.8. The Site uses Stripe for handling payments. By making a payment through the Site, you agree to abide by Stripe's Terms of Service and Privacy Policy. The Site does not store any payment information on its database. All payment information for payments made via Stripe is securely handled by Stripe.
4.9. For donors that donate via Achisomoch (AAC), all donation details submitted will be shared with AAC for data verification purposes only. This includes donors contact details, first name, surname, email and any other personal details.
5. The Site and our services
5.1. We may update and change the Site and/or our services from time to time. For example, we might make changes to reflect changes in relevant laws or regulatory requirements or to make technical adjustments and improvements, or to address a security threat. There may also be other reasons. However, subject to anything else we say to the contrary in the Terms, the Site and our services are made available free of charge and we do not guarantee that the Site, or any content on it, or our services will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of the Site or our services for business or operational or other reasons.
5.2. You are responsible for ensuring that all persons who access the Site or our services through your internet connection are aware of these Terms and that they comply with them.
6. You must keep your account details safe
6.1. Users who wish to access administrative features of the Site must register for an account. Approval for administrative access is at the discretion of the Site administrators. All other users are considered guests and are not required to register for an account to use certain features of the Site.
6.2. 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.
6.3. 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.
6.4. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us using the 'Contact Us' link on the Site.
7. How you must behave using the Site or our services
7.1. You must use the Site and our services in a responsible, legal and ethical manner and you must ensure that your behaviour when interacting with the Site or our services does not breach any rights (including any intellectual property rights) of a third party or breach any right or duty owed to a third party.
7.2. 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 or our services, you must comply with the content standards set out in our Acceptable Use Policy.
7.3. You warrant that any such contribution does comply 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.
7.4. Any content you upload to the Site or provide to enable us to provide our services will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of the Site or our services a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described in Section 9 below.
7.5. You are solely responsible for securing and backing up your content.
7.6. You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to the Site or any services provided via, or in relation to, the Site. This includes using (or permitting, authorising or attempting the use of):
7.6.1. 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 the Site or any data, content, information or services accessed via the same;
7.6.2. any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations.
7.7. The provisions in Section 7.6 should be treated as an express reservation of our rights in this regard, including for the purposes of Article 4(3) of Digital Copyright Directive ((EU) 2019/790). However, Section 7.6 shall 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.
8. User-generated content is not approved by us
8.1. The Site or our services may include information and materials uploaded by other users of the Site or our services. This information and these materials have not been verified or approved by us. The views expressed by other users on the Site do not (necessarily) represent our views or values.
9. Rights you are giving us to use material you upload
9.1. When you upload or post content to the Site or otherwise make it available for our services, you grant us the following rights to use that content:
9.1.1. a worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that user-generated content in connection with our services or the service provided by the Site and across different media forever; and
9.1.2. a worldwide, non-exclusive, royalty-free, transferable licence for other users, partners or advertisers to use the content in accordance with the functionality of the Site (or other websites we operate) forever.
10. What we can do with material on the Site/our services and your access to that material or to the Site/our services
10.1. We have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to the Site or otherwise provided by you to enable us to provide our services constitutes a violation of their intellectual property rights or of their right to privacy.
10.2. We have the right to remove any posting you make on or otherwise make available for us to use on the Site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.
10.3. If you wish to contact us in relation to content you have uploaded to the Site or otherwise made available for our use in our services we provide and that we have taken down or removed, please contact us through the 'Contact Us' link on the Site.
10.4. We reserve the right to remove any pictures, photographs, videos or copy from any part of the Site or other medium at our sole discretion and without notice.
10.5. We reserve the right to cancel your access and delete any page (or any part of any page) of the Site without notice if you fail to follow any of the rules in these Terms.
10.6. We may suspend or delete any page or part of a page in the Site if the relevant charity is no longer receiving donations via us or is no longer active.
10.7. We reserve the right, at our absolute discretion and without notice, to cancel any fundraising page, in our absolute discretion, if we deem your fundraising activity to be inappropriate or unnecessarily dangerous or in breach of any of the Terms.
10.8. We can suspend the supply of the Site or any of our services for any reason. Such reasons may include dealing with technical problems or making technical changes; updating the Site or our services to reflect changes in relevant laws or regulatory requirements; or just to make changes to the Site or our services.
10.9. We can stop providing the Site or our services at any time.
10.10. If you upload material that is clearly illegal or in breach of these Terms, we may suspend your access to the Site and/or our services. We will usually consider the gravity of what has occurred and, where possible to identify, your intention in posting the material.
10.11. If you frequently submit notices or complaints that are clearly unfounded, we may suspend the processing of any further notices or complaints from you for a reasonable period of time. We will warn you in advance if we propose to suspend processing of your notices or complaints. When deciding whether to suspend you for these reasons, we will consider:
10.11.1. how many items of clearly unfounded notices or complaints you submitted within a given time frame in terms of the volume of other notices or complaints submitted by other users during that time;
10.11.2. the gravity of the misuse;
10.11.3. where possible to identify, your intention in submitting the notices or complaints.
11. How you may use material on the Site or made available through our services
11.1. We are the owner or the licensee of all intellectual property rights and other rights in and to the Site, and in the material published on it; and to our services and the outputs of those services. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
11.2. You may draw the attention of others within your family, friends or organisation to content posted on the Site or made available through our services. However, you must not use any part of the content on the Site or otherwise made available through our services for any purposes without obtaining a licence to do so from us or our licensors.
11.3. If you print off, copy, download, share or repost any part of the Site or outputs of our services in breach of these Terms, your right to use the Site and our services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
12. We are not responsible for websites we link to or for services of any of our business partners
12.1. Where the Site or information provided pursuant to our services 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. We have no control over the contents of those sites or resources.
12.2. You access any resources at such links entirely at your own risk and you will be subject to the terms of use applicable to such linked web sites.
12.3. From time to time, we may select business partners who offer relevant information and services that we believe will enhance the services we offer. Whilst we will do our best to select reputable partners, we are not responsible for any of the information or services offered by them, and if you choose to use their services, you do so at your own risk.
13. Disclaimer
13.1. We exclude all implied conditions, warranties, representations or other terms that may apply to the Site or any content on it or to our services. However, nothing in these Terms excludes any statutory rights which may apply to your use of the Site or our services which cannot be excluded, restricted or modified by contract.
13.2. The Site and our services (and all information, content, materials, products, including software, and other services included on or otherwise made available to you through the Site or our services) are provided on an 'as is' and 'as available' basis. We make no representations or warranties of any kind, express or implied, about them or their operation, unless otherwise specified in writing.
13.3. You expressly agree that your use of the Site and our services is at your sole risk.
14. Limitation of liability
14.1. 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 our fraud or fraudulent misrepresentation.
14.2. 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:
14.2.1. use of, or inability to use, the Site or our services; or
14.2.2. use of or reliance on any content displayed on the Site or provided pursuant to our services.
14.3. In particular, we will not be liable for:
14.3.1. loss of profits, sales, business (or business opportunity), or revenue;
14.3.2. business interruption;
14.3.3. loss of anticipated savings;
14.3.4. loss of opportunity, goodwill or reputation;
14.3.5. loss of or waste of management or other staff time
14.3.6. loss due to corrupt data;
14.3.7. loss of any software or data;
14.3.8. loss of use of computer equipment;
14.3.9. loss of goodwill; or
14.3.10. any indirect or consequential loss or damage.
14.4. Subject to what we say in Sections 14.1 to 14.3, we're responsible for losses you suffer caused by us breaking an obligation in these Terms unless the loss is:
14.4.1. Unexpected. It was not obvious that it would happen and nothing you said to us before we accepted your donation meant we should have expected it (so, in the law, the loss was unforeseeable).
14.4.2. Caused by a delaying event outside our control. As long as we have taken the steps set out in Section 18 below.
14.4.3. Avoidable. Something you could have avoided by taking reasonable action, including following our reasonable instructions for use.
14.4.4. A business loss. Our liability for any loss you suffer in connection with your trade, business, craft or profession is limited to any amounts you may have paid us for our services. If you have not paid us anything for our services, then we are not liable!
14.5. If, despite any of Sections 14.1 to 14.4 we are found liable, we shall only be liable under these Terms for direct losses which are reasonably foreseeable and caused by our uncured material breach of these Terms or our negligence and, in any event,. our total liability to you arising under or in connection with these Terms, whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall in no circumstances exceed £10.
15. We are not responsible for viruses and you must not introduce them
15.1. We do not guarantee or warrant that the Site or our services or information, content, materials, products, including software, or other services included on or otherwise made available to you through the Site or that our services, our servers or electronic communications sent from us, will be secure or free from bugs or viruses or other harmful components.
15.2. You are responsible for configuring your information technology, computer programs and platform to access the Site or our services. You should use your own virus protection software.
15.3. You must not misuse the Site or our services by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Site or our services, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack the 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 the Site and our services will cease immediately.
16. Rules about linking to the Site
16.1. 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.
16.2. 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.
16.3. You must not establish a link to the Site in any website that is not owned by you.
16.4. The Site must not be framed on any other site, nor may you create a link to any part of the Site other than the home page.
16.5. We reserve the right to withdraw linking permission without notice.
16.6. The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.
16.7. If you wish to link to or make any use of content on the Site (or otherwise made available pursuant to our services) other than that set out above, please contact info@fundmorecharity.com.
17. How we may use your personal information
17.1. We will only use your personal information as set out in our Privacy Policy.
18. We're not responsible for delays outside our control
18.1. If our supply of any service is delayed by an event outside our control and it affects you, we will try and contact you as soon as possible (if we are able to do so and if cost-effective to do so) to let you know and do what we can to reduce the delay. We won't compensate you for the delay, but if the delay is likely to be substantial you can contact our Customer Service Team about it using the 'Contact Us' link on the Site.
19. Legal Stuff
19.1. We may transfer this agreement to someone else. We may transfer our rights and obligations under these Terms to another organisation. We will post on the Site if this happens. You confirm by using the Site or our services that you endorse this.
19.2. Nobody else has any rights under these Terms. These Terms are between you and us. Nobody else can enforce them and neither of us will need to ask anybody else to sign-off on ending or changing it.
19.3. If a court invalidates some of these Terms, the rest of them will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.
19.4. Even if we delay in enforcing these Terms, we can still enforce them later. We might not immediately chase you for not doing something or for doing something you're not allowed to, but that doesn't mean we can't do it later.
20. Which country's laws apply to any disputes?
20.1. Please note that the Terms, their subject matter and their formation, are governed by English law.
21. You have several options for resolving disputes with us
21.1. Resolving disputes without going to court. We are happy to engage in alternative dispute resolution which is an optional process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court or arbitration.
21.2. Resolving disputes through arbitration. You and we agree to resolve any disputes through arbitration at the London Beth Din using their rules of procedure (but always subject to English law in all respects). See www.bethdin.org.uk for details.
21.3. Resolving disputes through the courts. If for some reason, arbitration is not possible, then wherever you live you can bring claims against us in the English courts. If you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. We can claim against you in the courts of the country you live in or in the English courts (at our option).
22. What to do if something is wrong with our services or you want to make complaint
22.1. If you think there is something wrong with our services or you want to make a complaint about any content or for another reason, you must contact our Customer Service Team using the 'Contact Us' link on the Site.
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