Acceptable Use

The legal bits

Acceptable

Use

Please read the terms of this policy carefully before using the website and/or app

What’s in these terms?

This acceptable use policy sets out the terms which apply when you visit our website or App and the content standards that apply when you upload content to our Website, www.victoriaspromise.org and App, contact other users, link to our website, or interact with our website or App in any other way.

We may update these terms and recommend you refer back to them from time to time.

Who we are and how to contact us

Our website, www.victoriaspromise.org is a website operated by Victoria’s Promise (“We”, “we”, “us”, “our”). We are registered with the Charity Commission for England and Wales, charity number 1156377 and have our registered office at Landmark House, Station Road, Hook RG27 9HA.

To contact us, please telephone us on 01256 592 081.

By using our Website and App, you accept these terms

By using our Website and App, you confirm that you accept the terms of this policy and that you agree to comply with them. If you do not agree to these terms please immediately stop using our Website and App.

When our Website or App are suspended, IPs are blacklisted, due to use of bad plugins, updates not being performed, spamming, etc., we are not liable to you, and no monetary compensation will be made.

If you disagree with any of the terms that follow or do not agree to be bound by all such terms, you must not use this Website and App or any information or materials contained on the Website and App.

We recommend that you print a copy of these terms for future reference.

Use of the Website and App

The Website and App is not for children under the age of 18 and any such use is prohibited.

You must comply with all terms and conditions of this agreement, the applicable agreements and policies referred to below, and all applicable laws, regulations, and rules when you use the Website and App.

We own or license all intellectual property and other rights, title, and interest in and to the Website and App, logo and name and materials accessible on and/or through the Website and App. You have nor right to modify, copy or use these without our express, prior consent.

Your License to Use the Website and App.

We grant you a limited revocable license to access and use the Website and App for its intended purposes, subject to your compliance with this agreement. This license does not include the right to collect or use information contained on the Website and App for purposes that we prohibit.

If you use the Website and App in a manner that exceeds the scope of this license or breaches any relevant agreement, your license shall terminate immediately.

We may provide links on the Website and App to other websites that are not affiliated with, under the control of, or otherwise maintained by us, and may use third parties to provide certain services accessible through the Website and App. You agree that we will not be liable to you in any way for your use of such services. These third parties may have their own terms of use and other policies and you must comply with such terms and policies as well as this Agreement when you use these services. We do not endorse or make any representations or warranties about third party sites or any information, software, or other products or services found there.

There are other terms that may apply to you

Our Terms of Service also apply to your use of our Website and App.

We may make changes to the terms of this policy

We amend these terms from time to time. Every time you wish to use our Website and App, please check these terms to ensure you understand the terms that apply at that time. These terms were most recently updated in June 2024.

In the event of substantive changes to this agreement, the new terms will be posted to the Website.

If any modification is unacceptable to you, your only recourse is not to use the Website or App and to request an immediate termination of your participation. Your express consent or continued use of the Website and App following posting of a change notice or a new agreement on the Website and App will constitute binding acceptance of the changes.

Prohibited uses

You may only use the Website and App and/or our Services as intended, to provide support and information or for donations, any other use must be expressly permitted by us.

You may not use our Website and App:

In any way that breaches any applicable local, national, international law or regulation.
In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.
To harm or attempt to harm minors in any way or in a way that involves child sexual exploitation or abuse.
To bully, insult, intimidate or humiliate any person.
To upload terrorist content.
To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards below.
To transmit, or procure the sending of, any unsolicited, unauthorised advertising, promotional material, or any other form of similar solicitation (spam).
To cause harm to the Website or App.
To knowingly transmit any data, send or upload any material that contains viruses, trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of or harm any computer software, hardware, or the Website or App as a whole.
To modify or create derivative works from reverse engineer, decompile or disassemble any technology used to provide the Website or App.
To use a robot, spider, another device, or process to monitor activity or copy pages, except in the use of an internet search engine.
To collect electronic mail addresses or other information from third parties by using the Website or App.
To impersonate another person or identity through or on the Website or App.
To engage in any activity that interferes with another user’s ability to use or enjoy the Website or App.
To assist or encourage any third party in engaging in any actions prohibited by this agreement.
To co-brand or frame the Website or App.
To hyperlink the Website or App without the express prior written permission of an authorised representative of Victoria’s Promise.

You also agree:

Not to reproduce, duplicate, copy or re-sell any part of our Website or App.
Not to access without authority, interfere with, damage, or disrupt:
- Any part of our Website or App.
- Any equipment or network on which our Website is stored.
- Any software used in the provision of our Website or App.
- Any equipment or network or software owned or used by any third party.

Password restricted areas of the Website and App

Some areas of the Website and App are password restricted to registered users.

If you have registered as an authorised user to gain access to these Password-Protected Areas, you agree that you are entirely responsible for maintaining the confidentiality of your password and agree to notify us if the password is lost, stolen, disclosed to an unauthorised third party, or otherwise may have been compromised.

You agree that you are entirely responsible for any and all activities that occur under your account, including any fees that may be incurred under your password-protected account.

You agree to immediately notify us of any unauthorised use of your account or any other breach of security in relation to your password or the Website or App that is known to you.

Confidentiality

“Confidential Information” shall be deemed to include all information and materials that: (a) if in written format is marked as confidential, or (b) if disclosed verbally is noted as confidential at time of disclosure, or (c) in the absence of either (a) or (b) is information which a reasonable party would deem to be non-public information and confidential.

Confidential Information shall include without limitation: all information provided on and/or through the Website, App and/or our Services; trade secrets, inventions, research methods, methods of compiling information, methods of creating our database, procedures, devices, machines, equipment, data processing programs, software, computer models, research projects, and other means used by us in the conduct of our business; product formulations, strategies and plans for future business, new business, product or other development, new and innovative product ideas, potential acquisitions or divestitures, and new marketing ideas; information with respect to costs, commissions, fees, profits, sales, markets, sales methods and financial information; mailing lists, the identity of our customers, potential customers, distributors, and suppliers and their names and addresses, the names of customer representatives responsible for entering into contracts for our products or services, the amounts paid by customers to us, specific

customer needs and requirements, and leads and referrals to prospective customers; and the structure, sequence, and organization of our database, together with source code and object code; and the identity of our employees, their respective salaries, bonuses, benefits, qualifications and abilities.

You acknowledge and agree that the nature of our confidential, proprietary, and trade secret information to which you have, and will continue to have access to, derives value from the fact that it is not generally known and used by others in the highly competitive, international industry in which We compete. You further acknowledge and agree that, even in complete good faith, it would be impossible for you to work in a similar capacity for a competitor of ours without drawing upon and utilising information gained pursuant to this Agreement.

You acknowledge that you are receiving such Confidential Information in confidence and will not publish, copy, or disclose any Confidential Information without prior written consent from the Company. You further agree that you shall not attempt to reverse engineer, de-compile or try to ascertain the source code to our software or any other software supplied hereunder. You acknowledge that you will only use the Confidential Information to the extent necessary to promote your business, and that you will use best efforts to prevent unauthorised disclosure of the Confidential Information to any third party.

The obligation of confidentiality shall not apply to any particular portion of Confidential Information which: (a) was in the public domain when we granted access to you; (b) entered the public domain through no fault of you subsequent to receipt; (c) was in your possession free of any obligation of confidence at the time of the disclosure by us; (d) was rightfully communicated by a third party to you free of any obligation of confidence subsequent to the time of the originating party’s communication thereof to you; (e) was developed by you independently of and without knowledge or reference to any Confidential Information; (f) is approved for release by written authorization from us; or (g) is required to be disclosed pursuant to any statute, law, rule or regulation of any governmental authority or pursuant to any order of any court of competent jurisdiction, but in any case, you will immediately notify us before disclosure and given a reasonable opportunity to obtain a protective order or other form of protection.

You agree not to alone or in association with others use Confidential and/or trade secret information to (a) solicit, or facilitate any organisation with which you are associated in soliciting, any employee or customer of ours to alter its relationship with us; (b) solicit for employment, hire, or engage as an independent contractor, or facilitate any organization with which We are associated in soliciting for employment, hire, or engagement as an independent contractor, any person who was employed by us at any time during the term of this Agreement (provided, that this clause (b) shall not apply to any individual whose employment with us was terminated for a period of one year or longer); or (c) solicit business from or perform services for any customer, supplier, licensee, or business relation of ours, induce or attempt to induce, any such entity to cease doing business with us; or in any way interfere with the relationship between any such entity and us.

You agree that you will not make any derogatory statements, either oral or written, or otherwise disparage us, our products, employees, services, work and/or employment, and will take all reasonable steps to prevent others from making derogatory or disparaging statements. You agree that it would be impossible, impractical, or extremely difficult to fix the actual damages suffered by reason of a breach of this paragraph, and accordingly hereby agree that five thousand dollars ($5,000) shall be presumed to be the amount of

damages sustained by reason of each such breach, without prejudice to our right to also seek injunctive or other equitable relief.

Other than as expressly provided for herein, in no event shall you be deemed by virtue hereof to have acquired any right or interest by license or otherwise, in or to the Confidential Information.

You and We agree that all originals and any copies of the Confidential Information remain the property of Victoria’s Promise. You shall reproduce all copyright and other proprietary notices, if any, in the same form that they appear on all the materials provided by us, on all copies of the Confidential Information made by you. You agree to return all originals and copies of all Confidential Information in your possession and/or control to us at our request.

Content standards

These content standards apply to all material which you contribute to our Site and App (Submissions on the Services acceptable use policy), and to any interactive services associated with it.

We ask that you respect the Website and App online community, and your conduct when using the Website and App our Services should be guided by common sense and basic etiquette.

The Content Standards must be complied with in spirit as well as to the letter. The standards apply to each part of any Contribution as well as to its whole.

Victoria’s Promise Chief Executive Officer will determine, in its discretion, whether a Contribution and/or submission breaches the Content Standards.

A Contribution must:

Be accurate (where it states facts).
Be genuinely held (where it states opinions).
Comply with the law applicable in England and Wales and in any country from which it is posted.

A Contribution must not:

Be defamatory of any person.
Be obscene, offensive, deceptive, hateful, or inflammatory.
Bully, insult, intimidate, humiliate, or promote violence.
Be likely to harass, upset, embarrass, alarm, or annoy any other person.
Promote sexually explicit material or include child sexual abuse material.
Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
Infringe any copyright, database right or trademark of any other person.
Solicit a user’s password or other account information, or harvest user information for any purpose.
Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
Promote any illegal content or activity.
Be in contempt of court.
Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience, or needless anxiety.
Impersonate any person or misrepresent your identity or affiliation with any person.
Give the impression that the Contribution emanates from Victoria’s Promise, if this is not the case.
Advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse.
Link to or post content not allowed on the Site or App.
Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation, or instigation of acts of terrorism.
Contain any advertising or promote any services or web links to other sites.

For the avoidance of doubt, for any Contribution in the form of video content:

You must tell us immediately, if you upload a video containing any of the following: criminal material (relating to terrorism, sexual exploitation of children, child pornography, racism, and xenophobia), unclassified or unclassifiable videos, videos rated R18 or suitable for R18 rating and other material that might impair the physical, mental, or moral development of persons under the age of 18 (restricted material).
You must not upload a video containing harmful material.
You must not upload a video containing advertising for any of the following:
- Cigarettes and other tobacco products, electronic cigarettes or electronic cigarette refill containers, and prescription-only medicine; or
- For alcoholic drinks that are not aimed specifically at under 18s and do not encourage immoderate consumption of alcohol.
Any advertising included in a video you upload must not:
- Prejudice respect for human dignity.
- Include or promote discrimination based on sex, racial or ethnic origin, nationality, religion or belief, disability, age, or sexual orientation.
- Encourage behaviour prejudicial to health or safety.
- Encourage behaviour grossly prejudicial to the protection of the environment.
- Cause physical, mental, or moral detriment to persons under the age of 18.
- Disparage the products or services of any company or individual.
- Directly exhort such persons to purchase or rent goods or services in a manner which exploits their inexperience or credulity.
- Directly encourage such persons to persuade their parents or others to purchase or rent goods or services.
- Exploit the trust of such persons in parents, teachers, or others.
- Unreasonably show such persons in dangerous situations.
- You must use the functionality provided on our website to declare whether, as far as you know or can be reasonably expected to know, any video contains advertising.

Submissions

When you submit, including without limitation, questions, comments, suggestions, ideas, message board postings, material submitted via web forms, contest entries, communications (“Submissions”), grant us an unrestricted license to use such Submissions for any purpose, including without limitation marketing and other promotional purposes and the right to sublicense.

You agree that We will no obligation to keep any Submissions confidential.

You will not bring a claim against us based on “moral rights” or the likes arising from our use of a Submission.

We do not control the content posted by third parties and, as such, do not guarantee the accuracy, integrity, or quality of such content.

You understand that by using the Website and App, you may be exposed to content that is offensive, indecent, or objectionable.

We will not be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the

use of any content posted, emailed, transmitted, or otherwise made available via the Website and App by third parties.

Breach of this policy

When we consider that a breach of this acceptable use policy has occurred, we may take such action as we deem appropriate.

Failure to comply with this acceptable use policy constitutes a material breach of these terms may result in our taking all or any of the following actions:

Immediate, temporary, or permanent withdrawal of your right to use our Site and/or App.
Immediate, temporary, or permanent removal of any contribution uploaded by you to our Site and/or App.
Issue of a warning to you.
Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
Further legal action against you.
Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.

We exclude our liability for all action we may take in response to breaches of this acceptable use policy. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.

How this contract can be transferred

We can transfer our rights and obligations under these terms to any third party, provided this does not adversely affect your rights under these terms.

Which country’s laws apply to any disputes?

If you are a user, please note that the terms of this policy, its subject matter and its formation are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland, you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

If you are a business, the terms of this policy, its subject matter, and its formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

Reservation of rights

We reserve the right, but do not assume the obligation, to monitor transactions and communications that occur through the Site and App. If we determine, in our role and absolute discretion, that you or another Website or App user has or will breach a term or condition of this agreement or that such transaction or communication is inappropriate, we may cancel such transaction or take any other action to restrict access to or availability of any material that may be considered objectionable, without liability to you or any third party.

We may modify the Website or App at any time with or without notice to you and will incur no liability for doing so.

Representations and warranties

You represent and warrant to us that, in your use of the Site or App, you:

Will not infringe the copyright, trademark, patent, trade secret, right of privacy, right of publicity or other legal right of any third party.
Will comply with all applicable laws, rules, and regulations.
Will not disrupt or damage any software or hardware.
You will provide correct, current, and complete billing and contact information.

Disclaimers and exclusions

The income disclaimer posted on our Website is incorporated herein by reference and you hereby represent that you have read and understand it.

We provide the Website, App, our Services, and all content on an “as is” and “as available” basis.

We do not represent or warrant that the Website, App, our Services, content, or use thereof:

Will be uninterrupted.
Will be free of inaccuracies or errors.
Will meet your requirements.
Will operate in the configuration or with the hardware or software you use.

Any and all implied warranties, including without limitation, warranties of fitness for a particular purpose, merchantability, and non-infringement.

We will not be liable to you or any third party for any consequential, incidental, indirect, punitive or special damages (including damages relating to lost profits, lost data or loss of goodwill) arising out of, relating to or connected with the use of the Website, App and our

Services, based on any cause of action evening if advised of the possibility of such damages.

In no event will our liability in connection with your use of the Website, App and our Services exceed the lesser of:

The amount paid to us by you during the six moths immediately preceding the event that gives rise to such liability; or
One hundred pounds (£100).

Notices

All notices required or permitted to be given under this agreement will be in writing and delivered to the other party by any of the following methods:

Registered post.
Electronic mail.

If you give notice to us, you must use the following address: Landmark House, Station Road, Hook RG2709HA. If Victoria’s Promise provides notice to you, we will use the contact information provided by you to us.

All notices will be deemed received as follows:

If by registered post, on the date receipt is confirmed by such courier service.
If by electronic mail, 24 hours after the message was sent if no “system error” or other notice of non-delivery is generated.

Regarding electronic mail, if applicable law requires that a given communication be “in writing” you agree that email communication will satisfy this requirement.

Third party referral fees

We may receive an affiliate commission where you purchase some of the products and/or services that we recommend on our Website and App.

By entering into this Agreement, you acknowledge that you have been informed of such payments, consent to payments of affiliate commission to Victoria’s Promise, and that such payments are fair and reasonable.

If you require a copy of our complaints policy, please contact us at info@victoriaspromise.org or 01256 592 081.

If you have any questions or concerns regarding this agreement, you should contact us by emailing info@victorias-promise.org.