Terms of Service - easysearch.org.uk

'Easysearch' is a trading name of The Support Group (UK) Limited, a company registered in England & Wales under company number 04760723 having its registered office at The Support Group (UK) Limited, St Chad's House, Suite 6, Cross Keys, Lichfield WS13 6DN and that company owns the website appearing on the domain name 'www.easysearch.org.uk'.

You may use the 'Easysearch' website and any facilities made available through it if you agree to these 'Terms of Service'. If you use Easysearch as an Easyfundraising Supporter then we provide details of your usage to Easyfundraising Limited and they will be processed in accordance with Easyfundraising Limited's privacy policy at https://www.easyfundraising.org.uk/privacy/. Easyfundraising Limited will be the data controller in respect of those details.

Terms of Service

1. Meanings of certain words

In these Terms certain words used have the following meanings:

'Cause' means an organisation, association, company, charity, or other body that is formally accepted by Easysearch and whose title appears on the Website;

'Material' means visible or audible material appearing on any pages of the Website including written text, computer software, music, audio files or other sounds, photographs, videos, designs or other images which may appear on or may be accessed through use of the Website or by use of the Services;

'Transmission(s)' means the successful sending of an electronic signal from a computer to html links of certain advertisers that appear on the Website following a search;

'Website' means the Website appearing on the domain name www.easysearch.org.uk.

2. Your Agreement with 'Easysearch'

(1) You may use the Website and any facilities offered by Easysearch subject to these Terms of Service. The provision of the website and any facilities offered by Easysearch through the website are referred to in these Terms of Service as 'Services'.

(2) It is intended that these Terms of Service shall constitute a legal relationship between you and Easysearch for the use of the Services (called the 'Agreement') and you agree that, in consideration of agreeing to accept these Terms of Service, you may access the Website and utilise the facilities.

(3) From time to time, Easysearch may publish legal notices or additional terms regarding use of the Services on the Website. Any such notices or additional terms will automatically form part of our Agreement and will constitute additional or alternative terms under which you may use the Services. If anything stated in any such notices or additional terms conflicts with these Terms of Service (as they appear here) then these Terms of Service here shall have priority.

(4) You will have had an opportunity to review these terms of this Agreement when you access the 'home page' of the Website. By using any Services, you will be taken to have agreed to these Terms of Service. We may end our Agreement with you without notice if:-

(a) you do not agree to the Terms of Service; or

(b) you do anything which amounts to a contravention of any Terms of Service.

(5) If we do end this Agreement with you, then you may find that your access to the Website and facilities is prevented by the application of certain technical barriers. In such a case you may not use the Services again unless you have permission in writing from Easysearch.

(6) It will not be a breach of contract or otherwise actionable at law for Easysearch to end this Agreement with you in accordance with the Terms of Service and we will not be liable to you nor to any Cause by reason of such ending.

(7) Each time you use the Services, you will be taken to have agreed the Terms of Service.

3. Provision of the Services

(1) Easysearch will use its best endeavours to provide the Services on a continuous basis subject to these Terms of Service but you understand that the Internet or the various systems, servers, and equipment used in allowing you access to the Services may from time to time be inoperative in full or in part as a consequence of mechanical breakdown, maintenance, hardware or software upgrades, telecommunication connectivity problems or other factors beyond our control and we will not be liable for a failure or inability to provide continuous, error free, uninterrupted Services under such (or any other) circumstances.

(2) Where the Services are inoperative, in full or in part, for reasons within Easysearch's control, then we will use our reasonable endeavours to rectify faults or problems to restore the Services as soon as reasonably practicable.

(3) The Website, Services and facilities offered by Easysearch may change from time to time and we will retain the right to make such changes and appropriate changes to these Terms as necessary without notice to you.

4. Good Causes

(1) When you have selected a Cause from the 'drop down' menu on the home page of the Website, Easysearch will donate to that Cause 50% of any profit it receives as a result of each Transmission made by you to those advertisers who pay to appear in the search results that are returned to you after use of the Website search facility. In the context of this clause, 'profit' shall be a sum of money calculated on a per-Transmission basis and shall be the balance of any money received by Easysearch after deduction of administration charges.

(2) Donations by Easysearch will be paid to the account nominated by that Cause as held on our records at the date when payment is to be made. No payment of a donation to your Cause will be paid later than [30 days] after receipt by Easysearch of the profit.

5. Use of the Services

(1) You must only use the Services in accordance with this Agreement and in compliance with any law or regulation that may apply in the jurisdiction in which you are using the Services.

(2) The following rules apply in respect of the Website and the Services:

(a) In order to access certain of the Services, Easysearch may require that you provide information about yourself. In that case you agree that any information provided will be accurate, relevant and current and not misleading,

(b) Unless you first have permission in writing from Easysearch, you may not reproduce, duplicate, copy, sell, or arrange for the sale of any image, text, logo, design, text or other Material of any kind appearing on the Website;

(c) Material appearing on the Website such as advertisements and sponsored links will be protected by law and is the intellectual property of the owner or licensee who in turn, allow Easysearch to use that Material (or do so through other bodies or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on any of this Material, whether in whole or in part without permission in writing from a person or body having the appropriate authority to give such permission.

(d) You agree that if Easysearch applies a fixed upper limit on the number of Transmissions you may make through the Website, then you may not make any Transmissions in excess of such fixed upper limits for as long as those limits apply, whether they apply to you individually or to a particular group of visitors. Any such limits may be set by Easysearch at any time and entirely at the discretion of Easysearch.

(e) You may not copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of any of the Easysearch software or any part of it and you may not permit anyone else to do any such thing.

(3) If you breach any of the Terms of Service, Easysearch may withdraw the Services from you and take steps to prevent your future access from the Services. At our discretion, we may also end the Agreement with you without notice and with immediate effect following any breach.

6. Content of the Website

(1) Easysearch is a distributor (and not a publisher) of Material supplied by third parties. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or users, are those of the authors or distributors and not of Easysearch. Easysearch does not necessarily endorse nor is it responsible for the accuracy or reliability of any opinion, advice or statement made on the Website. Any views expressed in Material on the Website are not necessarily those of Easysearch or anyone connected with it.

(2) Easysearch makes all reasonable efforts to ensure that the Website does not display any Material that you may find offensive, indecent or objectionable, and to prevent links to third party sites that themselves contain offensive, indecent or objectionable Material. If such Material does appear on the Website, please contact Easysearch as soon as possible by email to the address provided.

7. Limits on Liability and Exclusions

(1) The Services are provided free of any access charge. Where not charged for, any information provided through the Services is provided without liability for the content.

(2) Where a chargeable Service is provided, Easysearch will accept liability for direct loss arising from our not having used reasonable skill and care in the provision of such chargeable Service but we shall not be liable to pay any more than the price paid to us in the 12 months immediately prior to the direct loss arising.

(3) In no event shall Easysearch be liable to you for, in the case of non-chargeable Services any direct, and for both chargeable and non-chargeable Services any indirect or consequential loss, loss of profit, revenue or good will arising from the use of the Website or information on the Website.

(4) All terms that may be implied by law are excluded from application in this Agreement but Easysearch will accept liability for death or personal injury caused by negligence or responsibility for fraudulent misrepresentation.

(5) No information available on or through the Website is intended to constitute any form of advice or recommendation by Easysearch and is not intended to be relied upon by you in making (or refraining from making) any specific decision.

8. Proprietary rights

(1) Easysearch owns all the legal rights, title and interest in the Website and Material save for any third party Material which is licensed for Easysearch to use in connection with the provision of the Services.

(2) Unless you have an agreement in writing with Easysearch or the owner of any Material, this Agreement does not give you any rights at all in respect of the Website or Material save that you may use the Website for the purpose of enabling you to use the Services.

9. Links

(1) Easysearch is not responsible for other websites or resources available on links from our Website and we do not endorse any goods or services advertised through or available from such websites or resources. If you choose to follow such links or make any decision based upon information appearing on or through such links to use services, software or buy goods or services having activated such links, then any obligations arising will be between you and that party to whom you have linked. Such obligations may be subject to separate terms between you and the company or person concerned and we shall not be liable to you for any loss or damage through your use of such websites or resources.

(2) These Terms are not intended to affect your legal relationship with any other party. It is for you to make your own judgment and Easysearch exclude liability arising under contract and or under the law of tort (including for misrepresentation) to the fullest extent permitted by law.

10. General

(1) Easysearch may alter these Terms of Service from time to time in which case any subsequent use by you of the Website or the Services will be subject to the Terms of Service as altered.

(2) These Terms of Service and (where it is the case) any legal notice or additional terms that may be published by Easysearch on the Website from time to time shall constitute the entire agreement between us and shall govern your use of the Website.

(3) Should we choose not to exercise or enforce any legal right or remedy which is contained in these Terms of Service or to which we are entitled under any applicable law, then this does not amount to a formal waiver of our rights and we will retain such rights and the right to pursue any remedy.

(4) Should any court of law, having the jurisdiction to decide on this matter, find any provision of these Terms of Service to be invalid, then such provision will be regarded as removed from the Terms of Service without affecting the rest validity or enforceability of the rest of the Terms of Service.

(5) Other than the Cause you have chosen and in respect of the explicit undertaking set out in clause 4 above, no person, organisation, association, company, charity, or other body shall be entitled to the benefit of any rights under this Agreement and unless the right is expressly granted to any party, it is not intended that any provision of this Agreement shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999.

6) This Agreement shall be governed by and construed in accordance with English law and the English courts shall have exclusive jurisdiction to determine any disputes which may arise out of, under, or in connection with this Agreement.

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