1. THE PLATFORM
1.1 You can only access the Platform by registering for membership (referred to at term 2 below) and, if required at the time, by paying the Membership Fee (referred to at term 3 below)
1.2 You are solely responsible for:
1.2.1 all costs and expenses you may incur in relation to your use of the Platform; and
1.2.2 keeping your password and other account details confidential.
1.3 The Platform is intended for use only by those who can access it from within the UK. If you choose to access the Platform from locations outside the UK, you are responsible for compliance with local laws where they are applicable.
1.4 We only provide the Platform for an Applicant to list their requirement for funding and a Funder to find appropriate Applicants. We do not act as agent of any Applicant or Funder. We are not involved in the application process or contracting process nor are we a party to the contract between the Applicant and Funder.
1.5 We seek to make the Platform as accessible as possible. If you have any difficulties using the Platform, please contact us using the contact details at the outset of these Terms. You acknowledge that occasionally technical difficulties may interrupt services. We will use our best endeavours to resolve any technical difficulties and to resume normal service as soon as is reasonably practical.
1.6 We may prevent or suspend your access to the Platform if you do not comply with any part of these Terms, any other agreement in place between us, or any applicable law.
1.7 As a condition of your use of the Platform you agree not to use the Platform:
1.7.1 for any purpose that is unlawful under any applicable law or prohibited by these Terms;
1.7.2 to commit any act of fraud;
1.7.3 to use the Platform in a way which does not infringe the rights of third parties (including the intellectual property rights or confidential information of third parties);
1.7.4 to distribute viruses or malware or other similar harmful software code;
1.7.5 for purposes of promoting unsolicited advertising or sending spam;
1.7.6 to simulate communications from us or another service or entity in order to collect identity information, authentication credentials, or other information;
1.7.7 in any manner that disrupts the operation of our Platform or business or the website or business of any other entity;
1.7.8 in any manner that harms minors;
1.7.9 to promote any unlawful activity;
1.7.10 to represent or suggest that we endorse any other business, product, service or cause unless we have separately agreed to do so in writing;
1.7.11 in any way that does not comply with standards of accuracy, decency and lawfulness, which shall be applied in our discretion;
1.7.12 to gain unauthorised access to or use of computers, data, systems, accounts or networks; or
1.7.13 to attempt to circumvent password or user authentication methods.
1.8 You agree not to adjust, to try to circumvent or delete any technical measures or notices on the Platform (including any intellectual property notices) and in particular in any digital rights or other security technology embedded or contained within the Platform.
1.9 You agree that you are solely responsible for (and that we have no responsibility to you or to any third party for) any breach of your obligations under these Terms and for the consequences of that breach.
2. MEMBERSHIP
2.1 In order to use the Platform as a Funder or Applicant you must first register for membership and then be approved by us. In order to make payments on our Platform, you will need to provide at least the following information:
2.1.1 name of the business or organisation;
2.1.2 address;
2.1.3 your contact phone number;
2.1.4 name of individual representing your business or organisation;
2.1.5 details of your bank accounts; and
2.1.6 such other information as may be requested at signup.
2.2 For an Applicant, you must provide us with a valid payment method for our fees once they become payable. We may instruct a third-party payment services provider to verify your details before approving you to use the Platform. Brevio is free until March 2022. After that, our plan is to charge £10 per user per month for Applicants. This is subject to change. Brevio is a non-profit, and only needs to cover it’s operating and development costs, so the more charities sign up, the less we will need to charge.
3. MEMBERSHIP FEE
3.1 If you are a Funder, your membership fee may be dealt with in a separate agreement with us, if you have signed one.
3.2 If you are an Applicant, then you will be required to pay a fee to access and use the Platform (“
Membership Fee”). The details of this fee will be set out at the relevant access pages of the Platform. We may change or waive this fee in our sole discretion. Our membership Fees re exclusive of Value Added Tax.
3.3 If you are an Applicant, before you will have access to and use of the Platform you will pay to us the Membership Fee due in pounds sterling (£)(GBP) in immediately available funds during normal banking hours to such bank account as we shall specify.
3.4 If you fail to pay to us the Membership Fee this will result in the termination of your membership and of your access to the Platform.
4. CANCELLATION
4.1 You may request cancellation of your membership by writing to us at
hello@brevio.org.
4.2 Refunds cannot be given once payment has been made, in part or in full. Once we have received a request to cancel your account, your access will be terminated and all information, materials and other content (including User Content – see term 5 below) uploaded by you will be removed from the Platform within a reasonable time (normally 14 working days).
5. CONTENT
5.1 “
Content” means any text, images, video, audio or other multimedia content, software or other information or material stored, displayed, or otherwise on the Platform that was created by, or is otherwise owned in whole or in part by us.
5.2 “
User Content” means any text, images, video, audio or other multimedia content, software or other information or material uploaded to the Platform that was created by you. User Content does not include PII which is handled according to our Privacy Notice, see section 7.
Intellectual property
5.3 The Platform, the Content, and any intellectual property rights in them, along with any intellectual property rights developed through your use of them, are owned by us, our licensors or both (as applicable). Intellectual property rights include such rights such as: copyright, trademarks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world).
5.4 Nothing in these Terms grants you any legal rights in the Platform or the Content, other than as solely necessary to enable you to access and use the Platform in accordance with these Terms. To be clear – we grant you no licence to reproduce or otherwise use the Content, Platform, our trademarks, or any of our intellectual property for any other purpose.
5.5 By uploading User Content, you grant to us a worldwide, royalty-free, irrevocable, non-exclusive, transferable licence to use, reproduce, modify, publish, edit, translate, distribute, perform and display User Content (in whole or in part) on the Platform, and on any other websites or apps operated by us, indefinitely.
Confidentiality
5.6 User Content shall not be confidential.
Content
5.7 We use reasonable endeavours to make sure that the Platform is accurate, up-to-date and free from bugs, we cannot promise that it will be. We will not be responsible, or liable to any third party, for the Content or for any inaccuracies or mistakes in the information, or for any loss or damage that may result from its use.
5.8 We may remove or edit any Content at our sole discretion.
User Content
5.9 As an Applicant you will be required to provide certain information to us, as part of your application for membership. Brevio provides to Funders some additional information, that is collected in the application but not used for eligibility matching, so that the Funders can continue with their own decision-making process.
5.10 User Content and any other communication via the Platform made by you must conform to standards of accuracy, decency and lawfulness, which shall be applied in our discretion, acting reasonably. All User Content must be:
5.10.1 your own original work and lawfully submitted;
5.10.2 factually accurate or your own genuinely held belief;
5.10.3 provided with the necessary consent of any third party;
5.10.4 not defamatory or likely to give rise to an allegation of defamation;
5.10.5 not offensive, obscene, sexually explicit, discriminatory or deceptive; and
5.10.6 unlikely to cause offence, embarrassment or annoyance to others.
5.11 We are not obliged to monitor User Content, but may remove or edit it at our sole discretion.
6. YOUR OBLIGATIONS AND RESPONSIBILITIES
6.1 If you are a Funder it is your responsibility to: independently verify and assess the Applicant and the information provided by the Applicant; directly contract with the Applicant; and to check that you are actually donating to your chosen Applicant.
6.2 If you are an Applicant it is your responsibility to: independently verify and assess whether you meet the Funder’s eligibility requirements; directly contract the Funder; and to ensure that any donations paid to you are used in accordance with any stated purpose or fundraising activity or appeal, and in accordance with all applicable laws and regulations.
7. PRIVACY AND PERSONAL INFORMATION
Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our privacy policy (available at
https://nonprofits.brevio.org/terms-and-conditions), which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities in the event you have a query or complaint about the use of your personal information.
8. LINKS
8.1 You may create a link to our Platform from another website without our prior written consent provided no such link:
8.1.1 creates a frame or any other browser or border environment around the content of our Platform;
8.1.2 implies that we endorse your products, services or causes, or any of the products. services or causes of, or available through, the website on which you place a link to our Platform;
8.1.3 displays any of the trademarks or logos used on our Platform in such a way as to misrepresent a commercial link between our trademarks or logos and another business when there is none; or
8.1.4 is placed on a website that itself breaches these Terms.
8.2 We reserve the right to require you to immediately remove any link to the Platform at any time, and you shall immediately comply with any request by us to remove any such link.
8.3 The Platform may contain hyperlinks or references to third party websites other than the Platform, for example Funder or Applicant websites. Any such hyperlinks or references are provided for your convenience only. We have no control over third party websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third-party website does not mean that we endorse that third party’s website, products or services. Your use of a third-party website may be governed by the terms and conditions of that third-party site.
9. BREACH
9.1 We shall have no liability to you for any breach of these Terms caused by any event or circumstance beyond our reasonable control including, but not limited to, strikes, lockouts or other industrial disputes; breakdown of systems or network access; or flood, fire, explosion or accident.
9.2 If you breach these Terms, we may suspend or terminate your membership and access to the Platform, remove or edit any Content, disclose Content or any other communication to users of the Platform or to law enforcement authorities, or take any action we consider necessary to remedy the breach.
10. LIMITATION OF LIABILITY
10.1 The Platform is provided to you “as is”, we make no representation as to its accuracy, completeness, or whether or not it is up-to-date, or it will meet your requirements. We cannot promise that the Platform will be fit or suitable for any purpose. Any reliance that you may place on the information on the Site is at your own risk.
10.2 We make no guarantee that using the Platform will guarantee success for the Applicant or Funder. We make no guarantee that using the Platform will secure funding for Applicants or Applicants for Funders and we will not be responsible, or liable, for any loss of should that occur from use of the Platform.
10.3 Although we will take reasonable measures to ensure your security while using the Platform, we accept no responsibility or liability for your use of it, which is entirely at your own risk.
10.4 We make no representation or warranty that the operation of the Platform will be timely, secure, uninterrupted or error-free and disclaim all liability in that respect to the greatest extent permitted by law.
10.5 Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any:
10.5.1 loss of profits or anticipated savings;
10.5.2 loss of revenue;
10.5.3 loss or damage to reputation or goodwill;
10.5.4 loss of opportunity;
10.5.5 any loss or corruption of data or information; and in each case whether direct, indirect, special and/or consequential loss or damage; or
10.5.6 for any other indirect, special and/or consequential loss or damage.
10.6 Our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited the total amount of money paid by you for one years’ Membership Fee.
11. RIGHTS OF THIRD PARTIES
No one other than a party to these Terms has any right to enforce any of them.
12. VARIATION
These Terms are dated 02 March 2021 (version 1.2). We reserve the right to vary these Terms from time to time. Our updated Terms will be displayed on the Platform and by continuing to use and access the Platform following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these Terms from time to time to verify such variations.
13. DISPUTES
13.1 We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with us, please contact us as soon as possible and we try to resolve this using our complaint handling procedure.
13.2 The courts of England and Wales will have exclusive jurisdiction in relation to these Terms and the law of England and Wales will apply to these Terms.
