Last updated June 2019
1. GENERAL TERMS
1.2. This Contract also governs your use of the Deki Website and all services provided by Deki to you. Whether or not you intend to become a donor, by using this website, you agree to all of the terms and conditions of this Contract.
1.3. This Contract is to be construed in accordance with the laws of the England and Wales.
1.4. You must read all of the terms and conditions set out in this Contract, prior to entering into any transactions with Deki. If you do not agree to be bound by this Contract you should not enter into any transactions with Deki and you must discontinue your use of the Deki Website; your continued use of the Deki Website and/or the entering into of a transaction with Deki constitutes your agreement to be bound by the terms and conditions of this Contract.
1.5. This Contract supersedes any other agreement to which you and Deki may have been bound and any representations made outside of this Contract are hereby excluded.
1.6. The term “Deki Website” refers to www.deki.org.uk.
1.7. For the purposes of this Contract, the term “Donation” refers to the donation gifted by you to Deki for use by Deki in relation to certain micro-loan programs operated by Deki.
1.8. The term “Entrepreneur” referees to the person or persons chosen by you to whom your Donation is given.
1.9. The term “Field-Partner” refers to the organisation that operates in the country of and administers Donations to the Entrepreneurs.
1.10. The term “we”, “us” or “our” refers to Deki and the term ‘you’ or “your” refers to a user of the Deki Website and/or a Donor.
1.11. PLEASE NOTE - Deki may modify the Contract as its discretion, and such amendments will become binding once they are posted on the Deki Website. Your use of any Deki services including the Deki Website are subject to such modifications. You alone are responsible for checking the Deki Website regularly for any new amendments.
1.12. Headings used are for reference purposes only, and do not in any way describe, limit or explain the scope of each section.
2. CONFIDENTIALITY, RIGHTS OF OWNERSHIP
2.1. Deki Trademarks: The Deki name and logo are trademarks and service marks of Deki. Deki owns and retains all proprietary rights in the Deki Website and all material posted thereon (“Content”). The Content on the Deki Website is copyrighted in Deki’s name. You may not copy, modify, distribute, publish, transmit, perform, display or sell any material on the website without express permission from Deki.
2.2. Your Content:
(a) You agree that any messages, images, or information you post on the Deki Website will be considered your content for the purposes of this Contract. By posting such content, you grant Deki an irrevocable, perpetual, non-exclusive, fully-paid, worldwide licence to: use, copy, perform, display, distribute, prepare derivative works of, and/or incorporate into other works, and grant and authorise sublicences in respect of such content.
(b) You grant us the right to sub-license the rights licensed under Section 2.2(a).
(c) You grant to us the right to bring an action for infringement of the rights licensed under this Section 2.2(a).
(d) You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.
(e) Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublished or edit any or all of your content.
2.3. Your Content Rules:
(a) You warrant and represent that your content will comply with the terms and conditions of this Contract.
(b) Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
(c) Your content, and the use of your content by us in accordance with the terms and conditions of this Contract, must not:
(i) be libelous or maliciously false;
(ii) be obscene or indecent;
(iii) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
(iv) infringe any right of confidence, right of privacy or right under data protection legislation;
(v) constitute negligent advice or contain any negligent statement;
(vi) constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
(vii) be in contempt of any court, or in breach of any court order;
(viii) be in breach of racial or religious hatred or discrimination legislation;
(ix) be blasphemous;
(x) be in breach of official secrets legislation;
(xi) be in breach of any contractual obligation owed to any person;
(xii) be untrue, false, inaccurate or misleading;
(xiii) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
(xiv) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or
(xv) cause annoyance, inconvenience or needless anxiety to any person.
3. LICENCE TO USE DEKI WEBSITE
3.1. You may:
(a) view pages from the Deki Website in a web browser;
(b) download pages from our website for caching in a web browser;
(c) print pages from the Deki Website;
(d) stream audio and video files from the Deki Website; and
(e) use the Deki Website services by means of a web browser, subject to the other provisions of these terms and conditions.
3.2. Except as expressly permitted by Section 3.1 or the other provisions of these terms and conditions, you must not download any material from the Deki Website or save any such material to your computer.
3.3. You may only use the Deki Website for your own personal and business purposes, and you must not use the Deki Website for any other purposes.
3.4. Except as expressly permitted by the terms and conditions of this Contract, you must not edit or otherwise modify any material on the Deki Website.
3.5. Unless you own or control the relevant rights in the material, or have gained permission from Deki, you must not:
(a) republish material from the Deki Website (including republication on another website);
(b) sell, rent or sub-license material from the Deki Website;
(c) show any material from the Deki Website in public;
(d) exploit material from the Deki Website for a commercial purpose; or
(e) redistribute material from the Deki Website.
3.6. Notwithstanding Section 3.5, you may redistribute our newsletter or any updates that we provide to you in relation to Entrepreneurs in print and electronic form to any person.
3.7. We reserve the right to restrict access to areas of the Deki Website, or indeed the whole Deki Website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on the Deki Website.
4. ACCEPTABLE USE
4.1. You must not:
(a) use the Deki Website in any way or take any action that causes, or may cause, damage to the Deki Website or impairment of the performance, availability or accessibility of the Deki Website;
(b) use the Deki Website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) use the Deki Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Deki Website without our express written consent;
(e) access or otherwise interact with the Deki Website using any robot, spider or other automated means, except for the purpose of search engine indexing; and
(f) use data collected from the Deki Website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
4.2. You must not use data collected from the Deki Website to contact individuals, companies or other persons or entities (including Entrepreneurs and Field-Partners).
4.3. You must ensure that all the information you supply to us through the Deki Website, or in relation to the Deki Website, is true, accurate, current, complete and non-misleading.
5. LIMITATION OF LIABILITY
5.1. The Website User: You alone are responsible for the decisions made by you with respect to a Donation including, but not limited to, the extending of any Donation or posting of any Content. Deki shall not be responsible or liable for any damages (including any special, incidental, consequential or punitive damages) or personal injury or death, costs, losses (including any lost capital, or lost profits) or expenses to any person incurred as a result (directly or indirectly) of making a Donation to Deki or any Entrepreneur. Deki will not be liable for any loss of any kind arising out of a force majeure event. Deki does not represent, warrant, guarantee, or promise any specific results from use of the Deki Website or the giving of a Donation.
5.2. Deki Website Content: The accuracy of any information you may receive, including, but not limited to any Entrepreneur profiles or updates regarding the Donation, from the Field-Partner(s), Entrepreneur(s), or other users through the Deki Website or otherwise is not verified by Deki. You agree not to hold Deki liable for the accuracy and truth of, or any loss arising directly indirectly as a result of our use of or reliance on, any such information. Deki assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of, any communications in connection with the use of the Deki Website. The Deki Website and its entire content, or any service provided in connection to the Donation, is provided “as is” with no representations or warranties of any kind, express or implied. Deki will not be liable in any way to you or to any other person for any inaccuracy, error or delay in or omission of any third party data or the transmission or delivery of any such third party data and any loss or damage arising from any such inaccuracy, error, delay or omission, non-performance or interruption in any such third party data due either to any negligent act or omission by Deki or “force majeure” or any other cause beyond the control of Deki. You assume full responsibility and accept the risk of the use of the Deki Website.
5.3. Third party conduct: Deki is not responsible for the conduct or interaction between any user of the Deki Website or any other person, including any Field Partner or Entrepreneur, whether online or offline. Your relationship with any Field-partner, Entrepreneur, or any other user you may come into contact with through your Donation or the Deki website is in no way controlled or regulated by Deki. Deki is in no way responsible for and waives all liability for any dispute you may have with such parties. Deki reserves the right to monitor any disputes which may occur, but has no obligation to do so.
5.4. Insolvency: Should Deki become insolvent all money held by Deki in connection with the Donations will be available to Deki’s creditors. You agree to hold Deki harmless for any losses you may incur as a result of its becoming insolvent.
6.1. You agree to indemnify, defend and hold Deki harmless from and against any third-party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable legal fees) suffered or reasonably incurred by us arising as a result of, or in connection with (i) your access to and use of the Deki Website; (ii) your breach of this Contract, including, but not limited to, any infringement by you of the copyright or intellectual property rights of any third party; or (iii) any services purchased or obtained by you in connection with the Deki Website.
6.2. Deki retains the exclusive right to settle, compromise and pay, without your prior consent, any and all claims or causes of action which are brought against us. We reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us and you agree to cooperate with our defence of these claims. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
You acknowledge and agree that any disputing arising under or out of this Contract will be determined in accordance with the laws of England and Wales you hereby submit to the exclusive jurisdiction of the courts of England and Wales and agree to the convenience of such a forum. You agree to inform Deki, in writing, of any dispute you may have with Deki before taking up legal proceedings.
8. TERMINATION AND BREACH
8.1. Deki may terminate this Contract and your use of the Deki Website at any time and for any reason, effective upon transmission of notice to you at the email address you provide to Deki.
8.2. Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
(a) send you one or more formal warnings;
(b) temporarily suspend your access to our website;
(c) permanently prohibit you from accessing our website;
(d) commence legal action against you, whether for breach of contract or otherwise; and/or,
where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking.
9. GIFT CERTIFICATES
9.1. Gift Certificates may be purchased on the Deki website for the Pound Sterling amounts specified (minimum £10) using PayPal. The purchaser is the rightful owner of the Deki Gift Certificate until it is redeemed by another users. Upon redemption, ownership is transferred to the redeemer.
9.2. Subject to applicable laws, a Gift Certificate not redeemed within 12 months from the date of purchase (the “Expiration Date”), maybe converted automatically into a donation to Deki.
9.3. Gift Certificates must be redeemed through the Deki Website, www.deki.org.uk.
9.4. Gift Certificates and their uses on the Deki website are subject to these Terms and Conditions.
10. RIGHTS OF THIRD PARTIES
A person who is not a party to this Contract may not enforce any of its terms under the Contracts (Rights of Third Parties) Act 1999 but this does not affect any right or remedy of a third party which exists or is available other than under such Act.
This Contract is accepted upon use of the Deki Website, and further affirmed by any Donation. It contains the entire Contract between yourself and Deki regarding the use of the Website and/or Donation. If for any reason, any part of this Contract becomes invalid, such part as remains unaffected, will remain fully enforceable.
12. STATUTORY AND REGULATORY DISCLOSURES
12.1. We are registered in Companies House as a private company limited by guarantee without share capital in England & Wales; you can find the online version of the register at www.companieshouse.gov.uk, and our registration number is 06689965
12.2. We are registered as DEKI LIMITED with the Charity Commission (charity number: 1137047) in England and Wales and are subject to rules, which can be found at www.gov.uk
12.3. We subscribe to the Code of Fundraising Practice and the Fundraising Promise, which can be consulted electronically at the Fundraising Regulator.
13. REFUND POLICY
13.1. Under charity law, charities are not permitted to refund donations, other than in specific circumstances. The Charities Act 2011 can be found here.
13.2. However, we understand that there may be an occasion when you need to speak to our team to discuss your donation. Please email us at firstname.lastname@example.org or call on +44 (0)117 942 8970.
13.3. We are committed to the highest standards of legal compliance and we treat all requests for refunds with the utmost importance.
© 2019 Deki