Terms & Conditions for Users
The Chary on Top website and the Chary on Top app (collectively, the “CoT Properties”) are operated by Chary on Top, a division of Smart Potato Limited (“we”/”us”/”our”), whose registered office is at 33 St. Lukes Road, London, England, W11 1DD (registered number: 09920612).
These terms of service (the “Terms”) govern your use of the CoT Properties. Please read these Terms carefully since your use of the CoT Properties constitutes your agreement to the Terms. By agreeing to these Terms, you are also agreeing to be bound to the following terms:
(i) our Privacy Policy which relates to the ways in which we collect, store and use information about you and demonstrate the ways in which we comply with applicable data protection legislation; and
(ii) any special terms which apply to competitions and promotions which we may offer from time to time.
These Terms apply at all times when you use the CoT Properties and you will need to expressly agree to them when creating your account or each time you make a donation.
These Terms may be updated by us from time to time and your use of the CoT Properties will be governed by the latest published version of these Terms.
1. CHARITIES FEATURED ON THE CoT PROPERTIES
The CoT Properties feature a number of charities (each a “Charity”) whose causes you can contribute to by, for example, donating funds, volunteering for events or paying to attend events hosted by them. Each Charity has an agreement with us (the terms of which you can see here) to allow us to provide these capabilities to you and our relationship with each Charity is governed by the terms therein.
Each Charity must have the appropriate authorisation, permit or licence to operate as a charity, as required by the local laws and regulations of the country in which it operates. We are not responsible for the activities of any Charity. Although we aim to ensure the authenticity of the information published on the CoT Properties relating to each Charity, this information is provided directly by the Charities and we do not warrant or represent its accuracy or completeness.
We use our reasonable endeavours to ensure that all Charities are reputable and that any Charity which we, at our sole discretion, believe to be in bad taste or the subject of adverse contention is removed from the CoT Properties. However, we give no warranty or undertaking as to the veracity of any Charity or its activities and conduct.
2. CREATING YOUR ACCOUNT
2.1. In order to make a donation to any of our Charities, you must create an account with us by completing our registration form and agree to these Terms by ticking the required box on the registration page. By doing so you are representing that:
(i) you are aged 16 years or older;
(ii) you are resident in the United Kingdom;
(iii) all the information you provide (including your name and email address) is accurate and up-to-date;
(iv) your account is for your personal use only;
(v) any and all donations made through your account are from your own funds;
(vi) all information concerning your chosen payment method is complete and accurate and that you are authorised to use such payment method;
(vii) you have not previously had an account with us terminated under paragraph 7.3 below; and
(viii) you will comply with these Terms.
2. 2. Following valid submission of your registration form, we will send you an email confirming the creation of your account.
2. 3.. It is your responsibility to inform us of any changes to the information which you have provided to us. You can do this using the “My Account” section on any of the CoT Properties.
2. 4. It is your responsibility to keep your account details secure. When creating your account, you will be asked to create a password to protect your account. It is essential that you keep your password confidential and not disclosed it to any third party. We have the right to disable any account at any time if in our reasonable opinion you have failed to comply with this paragraph. If you know that someone other than you knows your password or if you become aware of any unauthorised use of your account, then you should change your password immediately and promptly send an email to us at [email protected]. We accept no liability for any claims, losses or damage caused to you as a result of your breach of this paragraph 2.4.
3. YOUR USE OF THE CoT PROPERTIES
3. 1. Subject to these Terms, we will use our reasonable skill and care in making the CoT Properties available for use. Your use of the CoT Propeties is subject to your compliance with these Terms.
3. 2. In respect of the CoT Properties, you must not:
3.2.1. use the CoT Properties for any fraudulent or unlawful purpose;
3.2.2.use the CoT Properties in any way which breaches any applicable laws;
3.2.3. use the CoT Properties to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others’ privacy rights or rights of publicity, or harvest or collect personally identifiable information about other users of the CoT Properties;
3.2.4. impersonate any person or entity; falsely state or otherwise misrepresent your affiliation with any person or entity; or express or imply that we endorse any statement or posting you make;
3.2.5. interfere with or disrupt the operation of the CoT Properties or the servers or networks used to make the CoT Properties available; or violate any requirements, procedures, policies or regulations of such networks;
3.2.6. restrict or inhibit any other person from using the CoT Properties (including by hacking or defacing any portion of the CoT Properties);
3.2.7. use the CoT Properties to advertise or offer to sell or buy any goods or services without our express prior written consent;
3.2.8. reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the CoT Properties;
3.2.9. except as expressly permitted by applicable law, modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the CoT Properties;
3.2.10. remove any copyright, trademark or other proprietary rights notice from the CoT Properties or materials originating from the CoT Properties;
3.2.11. frame or mirror any part of the CoT Properties without our express prior written consent;
3.2.12. use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine" or in any way reproduce or circumvent the navigational structure or presentation of the CoT Properties, without our express prior, written consent;
3.2.13. post, transmit or otherwise make available, through or in connection with the CoT Properties:
3.2.13.1. anything that is or may be threatening, harassing, degrading, hateful, intimidating, defamatory, fraudulent, tortious, obscene indecent, pornographic or otherwise objectionable or protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express prior consent of the owner of such right;
3.2.13.2. any material that would give rise to criminal or civil liability; that encourages conduct that constitutes a criminal offence; that promotes gambling; or that encourages or provides instructional information about illegal activities or activities such as “hacking”;
3.2.13.3. any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file, or program that is harmful or invasive or may, or is intended to, damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment;
3.2.13.4. any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letter," "pyramid scheme" or investment opportunity, or any other form of solicitation; or
3.2.13.5. any material non-public information about a company without the proper authorization to do so.
4. YOUR DONATION
4. 1. Once you have created your account, you may make donations to any Charity’s causes via the CoT Properties. Please follow the simple instructions set out on the relevant CoT Property to make your donation.
4. 2. A small processing fee, calculated as a percentage of your donation (the “Processing Fee”), will be added to each donation you make to cover the cost of the transaction. The Processing Fee will be calculated and added to the total amount payable by you before you make your donation.
4. 3. Subject to these Terms and applicable law, when you make a donation, the transaction is final unless unauthorised use of your payment method is proved. If you become aware of fraudulent use, or misuse of any other kind, of your payment method, you should immediately contact the relevant payment service provider for assistance.
4. 4. Subject to applicable laws, you may be eligible for a refund of your donation if the Charity to whom it was directed so permits. In such circumstances, your donation (for clarity, less any Processing Fees) will be refunded to you via the same payment method used at the time of donating. In the event all funds raised by said Charity have been paid out and there are no funds available for refund, we reserve the right to invoice or direct debit the Charity for the amount of the refund and the Charity must agree to settle that invoice within one (1) month of the date of the invoice for the refund to be processed.
4. 5. We aim to ensure the authenticity of the information published on the CoT Properties relating to each Charity (particularly with respect to how your donation will be used by the Charity). However, this information is provided to us entirely and directly by the Charities and we do not warrant or represent its accuracy or completeness or that your donations will be used for any particular purpose. We accept no responsibility or liability for any dissatisfaction you may have regarding a Charity's use of any donation you make through the CoT Properties or for any misuse or non-use of such donations by a Charity. Please note that Charities reserve the right to use your donation for their general purposes in accordance with their rules. We accept no responsibility for ensuring that your donation is directed to a specific cause. If you want a donation to be used for a specific purpose, we suggest you contact the Charity and discuss your intentions directly with them before making a donation through their official channels.
4. 6. We use a third-party service provider to process donations made through the CoT Properties. You also agree to any and all applicable terms of service set out by our payment services provider, which are available here https://stripe.com/gb/ssa.
4. 7. You can choose to make your donation as a one-off contribution or choose to set up a fixed recurring donation (including Processing Fees) on an annually and monthly-basis. If setting up a recurring donation, you acknowledge that the recurring donation will be made via your selected payment method automatically to your selected Charity on each and every month or year until you opt out of the auto-renewal of your recurring donation or the Charity to which you directed your recurring donations ceases to be a Charity. To opt out of a recurring donation you can simply go to your account, click on Recurring Donations and cancel or edit any of your recurring givings.
4. 8. If you mistakenly enter an incorrect donation amount or repeat a donation, it is your responsibility to inform us in a timely manner at [email protected]. We will us all reasonable efforts to amend or refund your donation however we cannot guarantee this and shall not be held liable for the amount of such donation or applicable Processing Fees or other costs you may incur as a result of the donation(s).
5. OUR FEES
We do not take any commission from your donations, ensuring that 100% of your donation goes to your selected Charity. In certain circumstances, we may be compensated by a small monthly fee we charge directly to the Charity.
6. YOUR PURCHASES FROM CHARITIES
6. 1. As well as enabling you to make donations, the CoT Properties also allow Charities to promote and sell to you certain goods and tickets for attendance at certain events endorsed by such Charities (“Charity Purchases”).
6. 2. You acknowledge that if you decide to purchase any Charity Purchases through the CoT Properties, you will enter into a private agreement between you and such Charity. Any issue, defect or fault with the Charity Purchase(s) you purchase through the CoT Properties is the sole responsibility of such Charity. We shall have no responsibility or liability of any sort in respect of your purchase.
7. CLOSING YOUR ACCOUNT, TERMINATION OR SUSPENSION OF YOUR ACCOUNT
7. 1. You may close your account with us at any time by emailing us at [email protected]. We shall use our reasonable endeavours to close your account within two weeks of receipt of your email. Please see our Privacy Policy https://www.charyontop.com/privacy-policy for more information about our approach to deleting your personal data.
7. 2. We may, at our sole discretion, without liability, suspend your account and/or your use of the CoT Properties (in whole or in part) if: (a) in our reasonable opinion, you have, or we may suspect that you have, breached the provisions of these Terms; (b) your account has been inactive for more than 12 months; or (c) we are carrying out maintenance of the any of the CoT Properties. Suspension is not a waiver of any right of termination which we may have under these Terms.
7. 3. We may terminate your account, without liability:
7.3.1. immediately upon providing written notice to you if, in our reasonable opinion, you have, or we may suspect that you have, breached the provisions of these Terms;
7.3.2. immediately upon providing written notice if your account has been inactive for more than 12 months (in which case you will lose any information or Content within your account); or
7.3.3. upon providing one week's written notice, at our absolute discretion.
7. 4. The termination or suspension of your account shall not affect the coming into force or the continuance in force of any provision of these Terms which is expressly or by implication intended to come into or continue in force on or after such expiry or termination.
7. 5. We reserve our right, at our absolute discretion (to be exercised reasonably) and at any time, to suspend or withhold payment of donations or any transactions if we suspect that you have breached these Terms and specifically if we believe or suspect that fraudulent activity has taken place in relation to any transaction by you or a Charity.
8. LIMITATIONS AND EXCLUSIONS OF LIABILITY
8. 1. THE CoT PROPERTIES AND ALL GOODS, SERVICES, THIRD PARTY APPLICATIONS, THIRD PARTY CONTENT, INFORMATION AND MATERIALS MADE AVAILABLE THROUGH THE CoT PROPERTIES ARE PROVIDED TO YOU "AS IS” WITHOUT ANY EXPRESS REPRESENTATIONS OR WARRANTIES OF ANY KIND, AND WE, OUR AFFILIATES AND OUR RESPECTIVE ARTISTS, REPRESENTATIVES AND PROVIDERS DISCLAIM ALL STATUTORY OR IMPLIED REPRESENTATIONS, WARRANTIES, TERMS AND CONDITIONS WITH RESPECT TO THE CoT PROPERTIES AND ALL GOODS, SERVICES, THIRD PARTY APPLICATIONS, THIRD PARTY CONTENT, INFORMATION AND MATERIALS MADE AVAILABLE THROUGH THE CoT PROPERTIES, INCLUDING THE REPRESENTATIONS AND WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE. WE MAKE NO REPRESENTATION OR WARRANTY THAT THE CoT PROPERTIES (OR ANY PART THEREOF), ANY THIRD PARTY APPLICATIONS OR ANY THIRD PARTY CONTENT IS OR WILL BE ACCURATE, COMPLETE OR ERROR-FREE, NOR THAT ANY PARTICULAR SOFTWARE OR HARDWARE WILL BE COMPATIBLE WITH THE CoT PROPERTIES.
8. 2. YOU HEREBY AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO (A) OBTAIN AND PAY FOR ANY SOFTWARE, HARDWARE OR SERVICES (INCLUDING INTERNET CONNECTIVITY) NEEDED TO USE THE CoT PROPERTIES AND (B) ENSURE THAT ANY SOFTWARE, HARDWARE OR SERVICES THAT YOU USE WILL FUNCTION CORRECTLY WITH THE CoT PROPERTIES. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE CoT PROPERTIES, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD PARTY APPLICATIONS, THIRD PARTY CONTENT, INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THE CoT PROPERTIES.
8. 3. WE, OUR AFFILIATES AND OUR RESPECTIVE REPRESENTATIVES AND PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND IN CONNECTION WITH THE CoT PROPERTIES, NOR FOR ANY DAMAGES FOR LOSS OF PROFITS, LOSS OR INTERRUPTION OF BUSINESS, LOSS OF USE, LOSS OF DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE CoT PROPERTIES (INCLUDING, WITHOUT LIMITATION, IN CONNECTION WITH YOUR USE OR RECEIPT OF ANY THIRD PARTY APPLICATIONS OR THIRD PARTY CONTENT), OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. FURTHER, WE, OUR AFFILIATES AND OUR RESPECTIVE REPRESENTATIVES AND PROVIDERS WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF THE CoT PROPERTIES OR FROM ANY THIRD PARTY APPLICATIONS, THIRD PARTY CONTENT, INFORMATION OR MATERIALS ON THE CoT PROPERTIES.
8. 4. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE CoT PROPERTIES IS TO STOP USING THE CoT PROPERTIES. OUR MAXIMUM LIABILITY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE SHALL BE THE TOTAL AMOUNT PAID BY YOU TO US TO ACCESS AND USE THE CoT PROPERTIES. IT IS POSSIBLE THAT APPLICABLE LAW MAY NOT ALLOW FOR LIMITATIONS ON CERTAIN IMPLIED WARRANTIES OR EXCLUSIONS OR LIMITATIONS OF CERTAIN DAMAGES; SOLELY TO THE EXTENT THAT SUCH LAW APPLIES TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
8. 5. NOTWITHSTANDING THE GENERALITY OF THIS PARAGRAPH 8 OR ANY OTHER PROVISION IN THESE TERMS, NOTHING IN THESE TERMS ARE INTENDED TO EXCLUDE OR RESTRICT OUR LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR FOR ANY FRAUDULENT MISREPRESENTATION.
9. INDEMNITY
9. 1. Except to the extent prohibited under applicable law, you agree to defend, indemnify and hold harmless us, our affiliates and our and their respective representatives and providers, from and against all claims, losses, costs and expenses (including solicitors’ fees) arising out of (a) your use of, or activities in connection with, the CoT Properties; (b) any violation of this Terms by you; (c) any use or other exploitation, or failure or omission to use or otherwise exploit, any submission (including any portion thereof) that you post; or (d) any claim that your submission or any use or exploitation thereof caused damage to or infringed upon or violated the rights of a third party, including without limitation past, present or future infringement, misappropriation, libel, defamation, invasion of privacy or right of publicity or violation of rights related to the foregoing.
10. PUBLICITY
If you expressly consent in writing (whether by ticking a check-box on our registration form or otherwise) to us so doing, we will use your user name and image, and any content which you have uploaded to any of the CoT Properties for the sole purpose of promoting the CoT Properties or our provision of services to any Charities to which you have directed your donation(s). We shall immediately cease such use of your personal information or image upon written notice from you which should be sent to us at [email protected].
11. CoT PROPERTIES’ INTELLECTUAL PROPERTY
11. 1. The content of the CoT Properties is owned by us and/or our licensors (unless indicated otherwise) and all such content is protected by copyright, trade marks (both registered and unregistered), database rights, design rights and other intellectual property rights. This includes (but is not limited to) all photographs, images, text, fonts and designs on the CoT Properties.
11. 2. You must not reproduce, copy, distribute, resell or otherwise use any of the content of the CoT Properties for any commercial purpose.
12. THIRD PARTY ADVERTISING
12. 1. The CoT Properties may contain advertising and sponsorship. This does not imply endorsement by us of such advertising or sponsorship or the goods and services on offer. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the CoT Properties complies with relevant laws and codes. We are not liable to you for any error or inaccuracy in advertising and sponsorship materials or for any loss of any kind which you suffer as a result of such advertising or sponsorship. Adverts may be subject to their own terms and privacy and cookies policies.
12. 2. The CoT Properties may contain certain links (including hyperlinks) which may direct you to other websites or apps. This does not imply that we endorse the linked site or app or its operator, content, goods or services. We are not liable for the content of such websites or apps, nor for the accuracy, integrity or quality of such content. Such websites or apps may be governed by the own terms and privacy and cookie policies.
13. GENERAL
13. 1. These Terms do not create any partnership between you and us.
13. 2. If any provision of these Terms are found to be unenforceable, that provision will not affect the validity and enforceability of any other provision.
13. 3. You may not assign, transfer or sublicense any or all of your rights or obligations under these Terms without our express prior written consent.
13. 4. No waiver by either you or us of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default.
13. 5. These Terms hereby incorporate by this reference any additional terms that we post on the CoT Properties (including, without limitation, our Privacy Policy) and, except as otherwise expressly stated herein, these Terms represent the entire agreement between you and us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and us relating to such subject matter.
13. 6. Notices to you may be made via posting to the CoT Properties, by e-mail or by regular mail, in our discretion. We may also provide notice of changes to these Terms or other matters by displaying such notices or by providing links to such notices.
13. 7. We will not be responsible for failure to fulfil any obligation due to causes beyond our control.
13. 8. Except as expressly set forth in the following sentence, nothing in these Terms, express or implied, is intended to confer, nor shall anything herein confer on, any person other than you or us and both of our respective successors or permitted assigns, any rights, remedies, obligations or liabilities. Notwithstanding the previous sentence, you agree that our affiliates and our and their respective representatives and those providers, who are content owners and service providers from whom we have obtained a license or other rights to use their content and services, as applicable, in connection with the CoT Properties, are third-party beneficiaries under these Terms with the right to enforce the provisions of these Terms that directly apply to such parties. Otherwise, and solely to the extent that the laws of England govern, a person who is not party to these Terms may not enforce any of its provisions under the Contracts (Rights of Third Parties) Act 1999. Notwithstanding anything in this paragraph 11.8, our right to enter into, rescind or terminate any variation, waiver or settlement under these Terms is not subject to the consent of any third party.
14. GOVERNING LAW AND JURISDICTION
14. 1. These Terms and any dispute arising out of or in connection with these Terms and your use of the CoT Properties shall be subject to the laws of England and Wales and you consent to the exclusive jurisdiction of the courts of England and Wales.
If you have any question regarding these Terms, please contact us at [email protected].