End User Terms And Conditions
Please view the following terms and conditions for using this site, making contact with other users of this site ("Users") and hosting, volunteering at and attending VolunteerKinetic opportunities ("Opportunities").
Last updated: April 2014
We, Smarter In Design Limited, registered in England and Wales under company number 8181594 with our registered office at 579 Oldham Rd, Failsworth, Manchester, M35 9AN ("VolunteerKinetic"), provide you with access to our website at volunteerkinetic.com and any other domains, microsites or web pages maintained by or on behalf of us (collectively the "Site") subject to the following terms and conditions ("Terms and Conditions"). These Terms and Conditions also apply in relation to any opportunities referred to on the Site that you host, volunteer at and/or attend ("Opportunities").
References in these Terms and Conditions to "we", "us" or "our" mean VolunteerKinetic. References to "you" or "your" are to you, the individual accessing the Site. If you access the Site on behalf of an organisation such as a potential host of a VolunteerKinetic event, references to "you" or "your" shall be deemed to include references to that organisation and you represent to us that you, the individual accessing the Site, are authorised to do so, and to make the commitments required by these Terms and Conditions, on behalf of that organisation.
1. Agreement to these Terms and Conditions and related documents
2. Updates to these Terms and Conditions
We reserve the right to update or otherwise change these Terms and Conditions at any time without notice. If we do so, we shall post the changes on the appropriate page on the Site and indicate at the top of this page when the Terms and Conditions were last updated. Please review these Terms and Conditions regularly to ensure that you are aware of such changes. Your continued use of the Site after such changes are posted indicates your agreement to be legally bound by the updated Terms and Conditions.
3. Use of the Site
a. We grant you permission to use the Site as set out in these Terms and Conditions on condition that you shall access and use the Site solely for lawful and non-profit-making purposes and shall otherwise comply with these Terms and Conditions. Your access to the Site may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services.
b. You may not use the Site for any of the following purposes: (i) infringing the rights of, restricting or inhibiting anyone else's use or enjoyment of the Site; (ii) disseminating any unlawful, fraudulent or otherwise objectionable material; (iii) gaining unauthorised access to our computer systems or otherwise breaching applicable laws or regulations; or (iv) transmitting, or procuring the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
c. You may not use the Site if you are under 12. If you are under 16 – please get your parent's or guardian's permission before using any interactive features of the Site (e.g. uploading any content to the site) or providing your name or email address. When you use any interactive features of the Site, do not reveal any personal information about yourself or anyone else (e.g. your telephone number, home address or email address).
4. Contact made through the Site and VolunteerKinetic Opportunities
Amongst other things, the Site facilitates contact between Users with a view to the hosting of Opportunities. VolunteerKinetic does not vet Users or take any responsibility for Users. You should make appropriate enquires before making arrangements with other Users or hosting, attending or volunteering at Opportunities.
In relation to Opportunities:
a. Whilst we permit Opportunities to be listed on the Site and may, in some cases, provide marketing, advertising or promotional collateral to be used at the Opportunities ("Collateral"), you acknowledge and accept that we otherwise have no responsibility for any aspect of the Opportunities. In particular, we provide no warranty or assurances in relation to the quality, safety, content, organisation or operation of any Event and disclaim any liability in respect of the Opportunities as further set out in paragraph 11 below.
b. If you are hosting an Opportunity, you agree to do so: (i) in accordance with all applicable laws and regulations (including in relation to health and safety and data protection); (ii) with all due skill, care and professionalism; (iii) using the Collateral in the manner and to the extent prescribed by VolunteerKinetic; and (iv) in accordance with any agreements made with the owner/operator of the venue where the Opportunity is to be staged (the "Venue Owner"). You further agree not to transfer any personal data that you receive in relation to Users (or other Event attendees) outside of the European Economic Area unless you have notified VolunteerKinetic and obtained consent from the relevant individual(s).
c. If you are hosting an Opportunity, you agree to consult with VolunteerKinetic before granting any third party sponsorship, endorsement or promotional rights in relation to that Opportunity, in order to ensure that the rights which VolunteerKinetic has provided to its official partners are protected. You further agree to liaise with the relevant Venue Owner to ensure that they do everything within their power to prevent ambush marketing from taking place at the Opportunity.
d. If you are attending an Opportunity (including as a volunteer), you agree to: (i) comply at all times with the instructions of the host/organiser of the Opportunity and the Venue Owner; and (ii) assess for yourself the suitability of the Opportunity for your particular purpose.
5. Copyright and intellectual property
a. Subject to paragraph 7 below, all information, data, text, documents, graphics, logos, designs, images, pictures, photographs, videos, podcasts, weblogs, software, interactive features or other content, services or materials (and any part of them) accessible on the Site ("Materials") are protected by copyright, trademarks and other intellectual property rights and are the proprietary materials of SmarterInDesign and/or our licensors. As between you and SmarterInDesign, all rights in the compilation, arrangement and any adaptations of Materials on the Site are owned by SmarterInDesign. We reserve all rights that are not specifically granted under these Terms and Conditions
b. Except to the extent otherwise specifically indicated on the Site, you may not copy, reproduce, republish, download, post, modify, adapt, distribute, transmit, communicate to the public or otherwise use any of the Materials in any way without the prior written consent of SmarterInDesign and/or our licensors or (as applicable) the owner of the relevant intellectual property rights.
c. The Site is provided for your personal, non-profit-making use only. Any Materials that are specifically permitted for your use are made available solely for your personal, non-profit making use and solely for the purposes stated on the relevant part of the Site. You also agree to comply with any restrictions on downloading or other use of Materials stated on the relevant part of the Site and agree not to modify, adapt or create a derivative work from any Materials except to the extent specifically permitted and except solely for your personal, non-profit-making use. Each of the above references to "personal, non-profit-making use" specifically excludes (without limitation): (i) publishing, publicly displaying or otherwise communicating to the public the relevant Material(s) (e.g. via the internet) for any purposes whatsoever; and (ii) use of the relevant Material(s) in promotional or marketing materials for any business or other enterprise (whether in hard-copy form, electronically or otherwise). For the avoidance of doubt, you shall use any Collateral that may be supplied to you by SmarterInDesign or the license holder strictly for the purposes, and in accordance with the instructions, notified to you by SmarterInDesign or the license holder.
d. The Site is maintained, controlled and operated on our behalf by Smarter In Design from our facilities in the United Kingdom, and we make no representation that the Materials are appropriate or available for use in other locations. If you use the Site from other locations, you are responsible for compliance with all applicable local laws and regulations.
6. Linking policy
You may not use any link to the Site as a method of creating an unauthorised association between VolunteerKinetic and any organisation, business, goods or services and you agree that no such link shall portray us or our partners (or our or their activities, products or services) in a false, misleading, derogatory or otherwise objectionable manner.
We restrict links from the Site to links to the websites or web pages of certain associated and supporting organisations. We are not responsible for the contents or reliability of any website or web page to which the Site (or a linked website) is linked, and do not necessarily endorse the views expressed within them. Linking to or from the Site does not constitute or imply any endorsement, authorisation or association of any kind. We cannot guarantee that links will always work and we have no control over the availability or content of linked pages.
7. User-generated Content
Please read this section carefully before uploading any content to the Site. It gives us, our Successors (as defined below) and Users of the Site permission to use such content. Subject to such permission, you retain ownership of such content.
a. We may now or in the future permit users of the Site to upload, post, submit, email, distribute, publish, transmit and/or otherwise communicate to or via the Site ("upload", related words to be construed accordingly) Materials provided by such Users ("User-generated Content" or"UGC" for short). For example, such UGC may take the form of:
photographs or other images;
content from social media platforms;
club registration information;
provision of Opportunity information; or
You acknowledge that, whether or not such UGC is uploaded to any facility on the Site, we cannot guarantee its confidentiality. We shall not be liable for any lost data resulting from your use of the Site. We urge you to retain your own back-up versions of any UGC that you upload.
b. By uploading any UGC, and in consideration of our making available to you the opportunity to upload UGC (which you acknowledge as a sufficient benefit to you), you irrevocably and unconditionally grant the following rights:
(i) you grant to us and to each of our successors in title, assignees and licensees in respect of such UGC ("Successors") a non-exclusive, worldwide, sub-licensable and royalty-free licence of the entire right, title and interest in and to such UGC in order that we and each Successor may use, copy, reproduce, modify, adapt, edit, reformat, translate, create derivative works from, incorporate into other works, transmit, distribute, perform, play, broadcast and otherwise communicate to the public (together,"Utilise") such UGC (whether in whole or in part or copies of the same) in any format or medium now known or later developed (including, without limitation, on or via any website operated by, and in any promotional materials produced by, us or any of our Successors) for the full period during which such rights subsist (including all renewals, revivals, reversions and extensions of the same) and thereafter (to the fullest extent possible) in perpetuity;
(ii) you grant to us and each Successor each and every consent that may be required under the Copyright, Designs and Patents Act 1988 and any other laws now or in future in force in any part of the world which may be required by us or our Successors throughout the world to Utilise such UGC in accordance with the above licence and grant of rights;
(iii) you grant to each User a non-exclusive licence to view, hear, read, stream, download, link to and otherwise access your UGC through the Site and to Utilise such UGC as permitted through the functionality of the Site and under these Terms and Conditions; and
(iv) in connection with the permitted use of such UGC in accordance with the above licences and grants of rights: (A) you hereby waive, or warrant that you have procured the waiver of, in favour of us, each Successor and each User all so-called "moral rights" or similar rights now existing or created in the future in any part of the world in respect of such UGC; and (B) you grant to us, each Successor and each User the non-exclusive, royalty-free right to utilise any name, user name, screen name, likeness, photograph, signature and/or biographical material submitted to us by you.
c. For the avoidance of doubt, you shall continue to retain the entire legal ownership of all such proprietary rights in your UGC (and in any reproductions of the same) as vest in you. If you do not want to grant the rights set out above, do not upload your UGC to the Site.
d. You shall be solely responsible for your own UGC and the consequences of uploading it. By uploading any UGC, you warrant and represent for the benefit of us and our Successors that you own the entire right, title and interest in and to such UGC or have all necessary licences, rights, consents and permissions to use, and to authorise us and each Successor to use, any and all intellectual property rights or other third-party rights in and to such UGC to enable utilisation of such UGC in the manner contemplated by these Terms and Conditions.
e. In connection with UGC, you shall not impersonate another person and shall not upload any UGC that:
(i) is copyrighted, protected under the law of confidence or otherwise subject to third-party rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from the relevant third party to upload the UGC and to grant all of the rights granted by you under these Terms and Conditions;
(ii) is defamatory, obscene, indecent, harassing, threatening, harmful or offensive, incites racial or religious hatred, violates any law or encourages conduct that would amount to a criminal offence or give rise to civil liability and/or is otherwise objectionable;
(iii) represents falsehood(s) or misrepresentation(s) that could damage, or are in any way disparaging of, us, any of our Successors or any third party (or such persons' activities, products and/or services);
(iv) is directly or indirectly profit-making or contains any advertisement, promotion or solicitation of business;
(v) contains viruses or any other computer code, corrupt files or programmes designed to interrupt, destroy or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers or other equipment; or
(vi) includes any information about any identifiable individual other than you, unless that individual has agreed to the uploading of that information.
f. You shall, and shall procure that any necessary third party shall, do all such further acts and execute and deliver all such other documents as may be reasonably requested by us to confirm the grants of licences and rights under these Terms and Conditions.
g. You acknowledge that, when using the Site, you may be exposed to UGC from a variety of sources, and that we are not responsible for the truth, accuracy, usefulness or safety of such UGC. We do not endorse any UGC or any opinion, recommendation or advice expressed in such UGC, and we disclaim any and all liability in connection with UGC.
h. While we look forward to receiving UGC when we specifically ask for it, it is our policy not to accept or consider ideas, concepts, suggestions or other communications or materials other than those that we have specifically requested and then subject to any specific terms, conditions and requirements that may apply to them. This is to avoid any misunderstandings if your ideas etc. are similar to those that we have developed or are developing independently. Accordingly, you agree that unsolicited UGC will be treated as non-confidential and non-proprietary.
8. Removal of Materials
a. We are entitled at our option, but not obliged, to pre-screen and/or pre-moderate any UGC uploaded by you or other Users, along with any other Materials. We reserve the right in our sole discretion: (i) not to post UGC on the Site; and (ii) to remove, or to suspend or disable access to, Materials at any time without liability and with or without prior notice. In particular, we do not permit infringement of third-party rights on the Site, and we shall remove, suspend or disable access to, any Materials if properly notified that such Materials infringe third-party rights.
b. If you are a rights-owner (or an agent acting for a rights-owner) and believe that any Material infringes your rights and you wish us to remove such Material from the Site or to suspend or disable access to it, please send us a notice by email to firstname.lastname@example.org with the subject line "Removal request" and provide us with the following information:
(i) an electronic or physical signature of the rights-owner or a person duly authorised to act on behalf of the rights-owner;
(ii) details of the rights and proprietary material that are claimed to have been infringed (or, if multiple proprietary materials on the Site are to be covered by a single notification, a representative list, and detailed description of the extent, of such materials);
(iii) details of the Material that is claimed to be infringing or to be the subject of infringing activity, together with information reasonably sufficient to permit us to locate the Material (including a URL and/or screen shot);
(iv) information reasonably sufficient to permit us to contact you, such as a postal address, telephone number and, if available, an email address; and
(v) a statement by you that: (A) you believe in good faith that use of the Material in the manner complained of is not authorised by the rights-owner or the rights-owner's agent or by law; (B) the information in the notification is true and accurate; and (C) you are the rights-owner or are duly authorised to act on the rights-owner's behalf.
9. Information on the Site
While we endeavour to provide accurate and up-to-date information on the Site, it is provided for information purposes only, without any guarantee, warranty, representation or endorsement of any kind as to its accuracy or completeness or otherwise (whether express or implied), and it does not constitute professional or legal advice. If it comes to attention that any information on the Site is inaccurate, please let us know by contacting email@example.com.
10. Advertising and sponsorship
Part of the Site may from time to time contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that Materials submitted for inclusion on the Site comply with relevant laws, regulations and codes. We shall not be responsible for any error or inaccuracy in such advertising or sponsorship Materials or that they comply with relevant laws, regulations or codes.
To the fullest extent permitted by applicable law, we disclaim all warranties, conditions and other terms of any kind, express or implied, in connection with the Site, any Opportunity and your use of the Site and hosting of or attendance or volunteering at any Opportunity (including, without limitation, as to satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy). Your use of the Site and/or the Materials and/or your hosting of or attendance or volunteering at a Opportunity is entirely at your own risk. Without limiting the foregoing, we do not warrant or represent that the operation of the Site will be uninterrupted or error-free, that defects will be corrected, or that the Site or the server that makes it available will be free of viruses, nor do we warrant or represent the full functionality, accuracy and reliability of the Materials.
12. Limitation of liability
a. The Site and the Materials are provided "as is" and on an "as available" basis. In no event shall we or any of our Successors be liable for any loss or damage whatsoever (whether foreseen, foreseeable, known or otherwise) arising out of, or in connection with, the use of the Site and/or the Materials or any Opportunity, including, without limitation, indirect, special or consequential loss or damage (such as loss of business, profits, data or goodwill).
b. We shall not be responsible for any breach of these Terms and Conditions caused by circumstances beyond our reasonable control.
c. Nothing in these Terms and Conditions excludes or limits our liability for any liability which cannot be excluded or limited under applicable law.
You agree to indemnify us on demand against any and all claims, actions, proceedings, demands, damages, losses, liabilities, costs and expenses suffered or reasonably incurred by us as a result of, or in connection with, breach by you of these Terms and Conditions or of applicable law or any allegation that UGC uploaded to the Site by you infringes anyone else's rights.
a. These Terms and Conditions (as the same may be updated from time to time) constitute the entire agreement between you and us regarding your use of the Site. If there is any conflict between this web page and specific terms appearing elsewhere on the Site, such specific terms shall prevail.
b. These Terms and Conditions and the Website Documents have been (or will be) drawn up in the English language. These Terms and Conditions and each of the Website Documents shall be interpreted in the English language. Where these Terms and Conditions or any of the Website Documents (or any part of these Terms and Conditions or a Website Document) is translated into any language in addition to English and there is any conflict in meaning between the English-language version and such translated version, the English-language version shall prevail in all respects.
c. The section headings in these Terms and Conditions and all Website Documents are inserted for convenience only and have no legal or contractual effect.
d. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.
15. Governing law and jurisdiction
These Terms and Conditions shall be governed by, and interpreted in accordance with, the law of England, whose courts shall have exclusive jurisdiction over any dispute, claim or matter arising under or in connection with these Terms and Conditions.
If you have any queries, comments or feedback about these Terms and Conditions or about the Site, please send us an email:
Privacy, Operations and Cookies Policy
These polices do not affect your statutory rights but are in addition.
In accordance with advice and guidance from the Information Commissioner’s Office (ICO) our policies and procedures are written to meet our obligations under the Data Protection Act (1998)
This service is managed on behalf of WHH Volunteers by SmarterInDesign who are registered as a Data controller with the ICO. (Registration Number: ZA036104).
How and why we collect your data
We offer "User Registration" to make it as easy as possible for you to apply online for volunteering opportunities. Information you provide also helps us to tailor our service to users' needs. Your data once entered into our system will be used to help find you voluntary opportunities.
We ask for information about disability and ethnicity to help us with equal opportunities monitoring. This is a key performance indicator we are asked to report on to ensure our service is providing an inclusive experience for all our users.
Why we ask for your date of birth?
We ask for your date of birth for a number of reasons, firstly it help us and our partner organisations that provide volunteering opportunities:
Not all volunteering opportunities are open to all age groups (e.g. some are specifically for young people or older people and many organisations cannot involve volunteers under the age of 16 etc) so it helps our partners place volunteers in appropriate opportunities;
Our partner organisations need to ensure that they are involving all sections of their community and have to demonstrate this to their funders so they require date of birth to be included in the registration process. By supplying it here it means it is transferred directly on to the partner's database;
It helps us monitor who is using the website. We have a stated aim of ensuring that we are reaching all sections of society.
Age discrimination laws do not currently apply to volunteering opportunities.
The opportunity provider might share some of your personal data with the individual or organisation hosting the opportunity as outlined in our user terms and conditions. We request that data is only shared where essential to your safe participation in the voluntary activity.
We will never sell your data to third party without your permission.
We will on occasion use your data to improve our service, your data will be shared with our web development partners SmarterInDesign. We will also on occasion share data with our research partners at our partner universities but this data will be anonymised in accordance with the Data Protection Act 1998.
From time to time the Website sends out automated e-mails and SMS text messages regarding opportunities. If you wish to stop all correspondence please contact WHH Volunteers on 01925662855 / firstname.lastname@example.org. If you choose, you can select the relevant setting and only receive mailings that reply to your enquiry from the opportunity provider or opportunity host.
Volunteers should regularly check their emails and profile to ensure that they do not miss out on opportunities. Volunteers can contact through the website or can ring the office on the number provided if there is limited access to internet.
Volunteers are in no way legally obliged to attend any events that they sign up to. Volunteers must never sign any contractual agreement that reads as such. This does however mean that we ask all volunteers to be aware of what they can and can't commit to as repetitive non-attendance can cause problems and may even lead to deletion from the system.
Due to the nature of the opportunities advertised on the WHH Volunteers for which you are applying, this position is exempt from the provisions of section 4 (2) of the Rehabilitation of Offenders Act, 1974 by virtue of the Rehabilitation of Offenders Act, 1974 (Exceptions) order 1975 and the Rehabilitation of Offenders Act, 1974 (Exceptions) (Amendment) Order 1986. Applicants are therefore not entitled to withhold information about convictions which for other purposes are "spent" under the provisions of the Act. In the event of engagement any failure to disclose such convictions could result in immediate suspension of your Voluntary involvement and the potential permanent barring from any further volunteer placements. Any information given will be completely confidential and will be considered only in relation to an application for positions to which the Order applies.
We declare that we will share the following information with the Opportunity providers:
contact information; volunteer's name; age; emergency contact details; qualifications; special requirements.
It is then up to the volunteer how much information they choose to share with the placement provider once they have attended their Opportunity.
Opportunity providers must commit to use the log in details provided to validate the volunteers logged hours truthfully when necessary. Failure to do this will mean that volunteers will not gain the rewards and recognition that they deserve.
Opportunity providers have a duty to provide a safe environment and as stated in the terms and conditions must meet all current Health, safety and Employment legislation. It is essential that providers all provide as a minimum what they offered on the web site. Changing agreements on the day of the event is unacceptable unless very unusual circumstances cause a situation to change.
Providers must not share any Data or confidential information they receive regarding the Volunteers.
Providers are encouraged to offer "perks" to encourage Volunteer recruitment and retention, however they must not offer payment and any financial incentive must be discussed with WHH Volunteers.
Volunteers are in no way legally obliged to attend any opportunities that they sign up to. Volunteers must never sign any contractual agreement that reads as such. This does however mean that we ask all volunteers and opportunity providers to be aware of what someone can realistically can and can't commit to as repetitive non-attendance can cause problems and may even lead to deletion from the system.
In the event of non-attendance we request that Opportunity providers contact WHH Volunteers rather that contact the Volunteer directly.
To continue working with WHH Volunteers we expect Opportunity providers to communicate with all volunteers in a respectable manner that does not cause any undue stress or upset. You may be working with people a wide range of individuals and we expect every volunteer to be treated with respect and equality.
Nielsen/Netratings, Google Analytics and cookies
WHH Volunteers uses both Nielsen/Netratings and Google Analytics to gather non-personal information on our visitors. This is done through cookies and code which is embedded on our websites. If you wish to reject the cookies on our website, you will need to turn off cookies in your browser. You can find instructions on how to reject cookies in different browsers http://aboutcookies.org. Please note that, rejecting cookies may mean that some functional will be lost. It is also possible to completely opt out of the Nielsen/Netratings process through the link on their http://netratings.com/privacy.jsp.
Nielsen/Netratings is an independent measurement and research company. The following is Neilsen/Netratings description of what they collect:
"The types of statistical information we may gather on behalf of our clients include the number of visitors to their Web sites, which pages are visited, duration of page views, advertising click-through metrics, the location of visitors prior to accessing their Web site, and details on browsers (including Internet Protocol 'IP' addresses or browser configurations). We use this information to provide our clients with detailed reports and analyses of the traffic to their Web sites. All of this information is provided to clients on a completely anonymous basis."
Google Analytics, owned by Google, Inc. is another way for us to monitor how our visitors are using our service so that we can improve their experience. The following is what Google has to say about their service: