The Website is owned and operated by or on behalf of RIDNY KRAI. Access to and use of this Website is provided by RKC subject to the following terms and conditions and our Privacy Policy.
1. Definitions
In these terms and conditions:
a. “RIDNY KRAI” or “RKC” means the Ridny Krai Charity, a registered as a charity company in England and Wales (15354866). Registered address: 2ND FLOOR COLLEGE HOUSE 17 KING EDWARDS ROAD, RUISLIP, LONDON, UNITED KINGDOM HA4 7AE.
b. “Website” means any website under the ownership or control of RKC from which a link has been created to these terms and conditions and all related domain and microsites;
c. “Material” means all of the information, data, text, graphics, links, or computer code or other material published on, contained or available on the Website; and
d. “Privacy Policy” means our Privacy Policy.
2. General
a. Your use of this Website constitutes acceptance of these terms and conditions and the Privacy Policy as at the date of your first use of this Website and you agree to be bound by them. If these terms and conditions are not accepted in full then you must not use this Website.
b. RKC reserves the right to change these terms and conditions at any time by posting changes online. Your continued use of this Website after changes are posted constitutes your acceptance of the modified terms and conditions.
c. In some cases additional terms and conditions, rules or specific terms of use may also apply in addition to these terms and conditions (such as when you make a purchase through our online shop or make an online grant application), and we will make these available to you or include them on the relevant Website page. They will take priority in the event of a conflict with these terms and conditions.
3. About Our Website
a. Access to this Website is permitted on a temporary basis and we reserve the right to withdraw or amend this Website and any Material, products or services on this Website at any time. We do not guarantee that this Website or any content on it will always be available or uninterrupted.
b. The content on this Website is provided for general information only. It is not intended to amount to advice on which you should rely. Before making any decisions based on the content of this Website you are strongly advised to obtain professional or specialist advice. Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up-to-date.
4. Your Use Of Our Website
a. You agree to use this Website only for lawful purposes and in a manner which does not infringe the rights of, or restrict, or inhibit the use and enjoyment of the Website by, any third party. Such restriction includes, without limitation, conduct which may harass, defame or cause distress to any person and the transmission of obscene or offensive material within this Website.
b. You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.
c. Some part of our Website and microsites are targeted to children and young people. You must only use those parts of the Website as appropriate for your age. In some cases we require the approval or involvement of any appropriate adult (for example when a child joins one of our clubs or provides personal data), and you must ensure you only provide that approval or involvement where you meet the requirements and are fully authorised to do so.
d. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these terms and conditions and that they comply with them. This includes any children or young people for whom you are responsible.
5. Your Personal Information
a. By using our Website or any of our services, or providing us with any personal data, you agree to your personal data being used and disclosed in the manner set out in our Privacy Policy.
6. Registration
You may be asked to register with us to access some areas of our Website or to make use of some of our services. Your personal data will be used and disclosed in the manner set out in our Privacy Policy must keep your password confidential and must not disclose it to anyone. If at any time you know or suspect that a third party may know your password you must promptly change it. We may choose not to accept your registration and we reserve the right to cancel or disable your registration, account or password at any time.
7. Donor Terms Of Service, Donations And Payments
These Terms of Service (“Terms”) constitute a binding agreement between you and Ridny Krai Charity Fund (“Ridny Krai Charity Fund,” “we,” “our,” or “us”) and govern your use of our websites, subdomains, and any other websites or mobile applications referencing, embedding or linking to these Terms, including the website located at www.charity.nex-clud.com and any Ridny Krai Charity Fund Services as that term is defined in the Ridny Krai Charity Fund Nonprofit User Agreement.
By using our Services, you (i) agree that these Terms are supported by reasonable, valuable and sufficient consideration, (ii) acknowledge the receipt of such consideration, and (iii) state that you have read and understand, and agree to be bound by, these Terms. If you do not agree to these Terms, you are not permitted to use Ridny Krai Charity Fund.
By making a donation to Ridny Krai Charity Fund, you understand and agree that:
Your donation is made to Ridny Krai Charity Fund, recognized by The Registrar of Companies for England and Wales. The Registrar of Companies for England and Wales, hereby certifies that RIDNY KRAI is this day incorporated under the Companies Act 2006 as a private company, that the company is limited by guarantee, and the situation of its registered office is in England and Wales.
Ridny Krai Charity Fund receives contributions and disburses those contributions to charities to further charitable purposes. Ridny Krai Charity Fund will only make donor-advised charity to organizations that qualify and have been recognized as public charities, or foreign organizations that, in the sole discretion and determination of Ridny Krai Charity Fund, are the equivalent of public charities or conduct programs that would qualify as charitable under law. Ridny Krai Charity Fund will grant funds directly to individuals, supporting organizations, or operating private foundations.
When you make a donation to Ridny Krai Charity Fund, you may recommend that Ridny Krai Charity Fund make a corresponding grant to a charity in the amount of your donation. By making such a recommendation, you certify that the grant will not be used to confer a personal or more than incidental benefit on you, any member of your family, or any entity affiliated with or controlled by you. You also certify that no grant recommended by you will be made to satisfy a legally binding charitable pledge, to permit participation in an event (such as a dinner, raffle, or auction), or to pay for goods or services received by you, you family member(s) or any other person. You should be aware that IRS penalties may apply if you recommend a grant that results in impermissible benefits.
Ridny Krai Charity Fund will make every effort to grant the funds you donate to your recommended charity. You acknowledge that any grants made by Ridny Krai Charity Fund will be made in accordance with Ridny Krai Charity Fund ‘s Donation Delivery Policy. You understand that Ridny Krai Charity Fund, as required by law, retains exclusive legal control over all donations and may redirect funds to a similar qualifying charitable organization if it is unable to follow your recommendation.
As required by law, in order for your donation to a Ridny Krai Charity Fund, to be considered tax-deductible, it must be a final and irrevocable gift to Ridny Krai Charity Fund. Refunds may only be granted in exceptional circumstances, in accordance with our Donation Refund Policy, and only when the funds have not already been re-granted by Ridny Krai Charity Fund to another charity.
Your personal data, including your name, email address, and physical address (if on file) will be treated in accordance with our Privacy Policy, and unless you have elected to donate anonymously, will be shared with charities who are enrolled with Ridny Krai Charity Fund that benefit from your donations to Ridny Krai Charity Fund. Your data will not be shared with charities not enrolled with Ridny Krai Charity Fund, since they have not provided a secure means for us to transmit that data, and have not agreed to use information about you in accordance with the terms of our Privacy Policy.
Ridny Krai Charity Fund does not charge any fees for contributions made to it. However, certain partners may deduct from your contribution processing or platform fees pursuant to those partners’ policies. You acknowledge that partners may deduct such fees, which they will disclose to you at the time that you complete a donation to Ridny Krai Charity Fund using their site(s) or services.
Indemnity
You agree to indemnify, defend, and hold harmless Ridny Krai Charity Fund and its affiliates and each of its and their officers, directors, employees, agents, and assigns (“Ridny Krai Charity Fund and Indemnitees”) from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising from or relating to (a) your use of, or activities in connection with, Ridny Krai Charity Fund; or (b) your violation of these Terms. Ridny Krai Charity Fund reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Ridny Krai Charity Fund ‘s defense of such claim.
Furthermore, you hereby irrevocably waive and release the Ridny Krai Charity Fund Indemnitees from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any dispute you may have with any other user of Ridny Krai Charity Fund. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction in which any other statute or common law principles of similar effect applies, you waive the application of such statute or common law with respect to the claims, demands and damages (actual and consequential) released under this paragraph.
Agreement to Arbitrate
You acknowledge and agree that any and all claims, controversies, or disputes between you and Ridny Krai Charity Fund (including without limitation those involving federal and state statutory claims, common law claims, and those based in contract, tort, fraud, misrepresentation or any other legal theory) will be resolved by binding arbitration, rather than in court.
You and we agree that each of us may bring claims only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and we agree otherwise, the arbitrator(s) may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative or class proceeding. Also, the arbitrator(s) may award relief (including monetary, injunctive and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s). Any relief awarded cannot affect other donors or charities. If a court decides that any provision of this paragraph is invalid or unenforceable because it would prevent the exercise of a nonwaivable right to pursue public injunctive relief, then any dispute regarding the entitlement to such relief (and only that relief) must be severed from arbitration and may be litigated in court. All other disputes subject to arbitration under the terms of this Agreement to Arbitrate shall be arbitrated under its terms.
If the value of the relief sought is $10,000 or less, at your request, Ridny Krai Charity Fund will not pay all filing, administration, and arbitrator fees associated with the arbitration. Any arbitration award issued by the arbitrator(s) shall be final and binding and shall be enforceable in any court of competent jurisdiction.
a. Although RKC seeks to protect online payment details in accordance with the Payment Card Industry Data Security Standard, the security of such information transmitted via the Internet cannot be guaranteed. As such any data transferred is at your own risk.
b. If you use a payment card on our Website, you must be the authorised user of the card and have permission and funds to make the relevant payment or donation.
c. If you have made a monetary donation in error, please call Support at +447471324942 (Monday to Friday, 9:00 to 17:00) or email charity@nex-club.com and they will be happy to discuss the refund with you.
Please note that we will not be able to return donated items or monetary donations if they have already been handed over to the final recipients of the aid.
d. We may provide the ability for you to arrange the collection of certain items that you want to donate. You must ensure that you read and comply with the rules and terms of use for this service, and that the items you want us to collect meet our requirements and that you have full permission to donate the items. We will own any items that we collect from the moment we collect them. This is not a commercial service, and although we will try to arrange for someone to collect your items on the agreed date we may not always be able to do so. We cannot accept any liability if we do not collect some or all of your items for any reason. We reserve the right at any time to cancel the collection or refuse to accept any items for any reason.
8. Our Products And Services
a. Any purchases from our Website (including our online shop) will be subject to our online shop terms and conditions.
b. Sometimes we may offer free products, services or events through our Website, for example online games or activities, information packs, and local collections. Because these are free of charge, they are all provided at our discretion, on an “as is” basis, and we cannot accept any liability for any loss or damage if we are unable to provide those items, or if they do not conform to any stated specifications. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to such items, whether express or implied.
c. Some products, services or events will have their own rules or specific terms of use which will apply and which you must comply with.
9. Our Liability
a. Nothing in these terms and conditions excludes or limits our liability for death or personal injury arising from negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded by law.
b. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Website or any content on it, whether express or implied.
c. We will not be liable for any loss or damage (including loss of data), whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
i. use of, or inability to use, the Website or any Material; or
ii. use of or reliance on any content or information displayed on our Website; or
iii. the provision of, or our failure to provide, any products, services or events ordered or made available through our Website (unless stated otherwise in any relevant additional terms and conditions).
d. Please note that our Website is only intended to be for domestic and private use, and we will have no liability for any loss of profit, loss of business, business interruption, loss of business opportunity, goodwill or reputation or any indirect or consequential losses or damage.
e. RKC does not accept any liability for any loss or damage caused by viruses or any other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any content on it, or on any website linked to it.
f. Please note that our liability in relation to purchased goods will be set out in our Giftshop terms and conditions.
10. Force Majeure
a. RKC will not be in breach of its obligations under these terms and conditions, nor liable to any user of the Website for any loss or damage which may be suffered by another party due to any cause beyond its reasonable control. This includes but is not limited to any act of God, strike, trade dispute, pandemic, epidemic, act of terrorism, act or omission of government or regulatory bodies.
11. Our Online Community
a. The RKC Foundation online community and other public areas on our Website are public forums so can be viewed by anyone searching the Internet and posts will be indexed by search engines such as Google. Therefore, please be careful what you post – do not post anything confidential, contact details or personal information which could put yourself or someone else at risk. We hope you will make friends within the community but do not share personal information unless you absolutely trust that person is genuine. If you plan to meet anyone you have befriended on the internet, never go alone and always meet in a public place. Please note that we cannot and do not vet any users or verify their identity.
b. Any communication or material that you transmit to, or post on, any public area of the Website including any data, questions, comments, suggestions or the like is, and will be treated as, non-confidential and non-proprietary information. You are responsible for any content you post, and you must ensure it is legal, not inaccurate or misleading and that you have all necessary third party rights and permissions.
c. We do not tolerate any posts, links or comments which are offensive, threatening, racist or discriminatory and we reserve the right to delete any comments or remove any content that we think is inappropriate or falls short of our standards, and we may block users if needed,
d. Content posted by users will not necessarily represent RKC’s views or values and we do not accept responsibility or liability for any content posted by other people.
12. Trade Marks, Copyright And Other Rights
a. RKC is the owner or licensee of all intellectual property rights in the Website including name and logo, as well as any rights in the Material. The Material is protected by copyright laws and treaties around the world and all right are reserved. You may not use or do anything with the Material or any of our intellectual property rights apart from what is set out in this section.
b. The names, images and logos identifying the RKC or third parties and their products and services are the proprietary marks of the RKC and/or third parties as appropriate. You may only use these where they are included on any pages or documents that you copy and use in accordance with this section. Nothing contained in these terms and conditions or on the Website may be construed as conferring any licence or right under any trademark or patent of the RKC or any third party.
c. Commercial use or publication of all or any Material is strictly prohibited without prior written authorisation from RKC.
d. You may:
i. print off or download any page(s) from the Website for your personal use; and
ii. copy documents on this Website for personal, non-commercial use only on the condition that copyright and source indications are also copied, no modifications are made and the document is copied entirely.
e. You must NOT:
i. modify the paper or digital copies of any Material you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text; or
ii. copy, display or publish any of the Material (including any photos, documents or text) in a way which is accessible to the public (for example, on another website) without prior written authorisation from RKC.
f. Please note that some of the Material (including some documents and photos) has been published on this Website with the permission of the relevant copyright owners (who are not RKC). All rights are reserved on these documents and permission to copy them must be requested from the copyright owners (the sources are indicated within these documents/photographs).
13. Links To Third Party Websites
a. Our Website includes links to external websites. We receive many link requests and only link to sites which we believe provide useful information that will be of interest to our users. All requests will be either granted or refused at the discretion of the RKC online team. We will not enter into any correspondence about decisions. If you would like to request a link to your site please contact us.
b. RKC has no control and therefore takes no responsibility for the content of external internet sites even when we have included a link on our own Website. The existence of a link from our Website to any other website is for information purposes only and does not imply that the RKC endorses the activities or views of that website or the organisation behind the site, nor does it indicate any form of association or partnership on our part. We will not be liable for any loss or damage that may arise from your use of those sites.
14. Linking To Our Website
Linking to our Website can help communicate valuable information to volunteers and other interested parties. It is not necessary to request permission to link to the Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, although we do reserve the right to request the removal of any link. The RKC logo may not be used without prior written permission, which may be requested by emailing us at charity@nex-club.com. A link to the RKC Website must not be used to imply RKC endorsement of the site, related products or services. Your site must not conflict with the aims of the RKC.
15. Fundraising Regulator
The RKC proudly works with the Fundraising Regulator. This is because we are committed to the highest standards in fundraising and strive to always work in a way that is effective, open and honest. We are dedicated to raising funds in the most cost effective ways.
b. The Fundraising Regulator is an independent body who set and maintain the standards for charitable fundraising. The board’s primary function is to deal with complaints about fundraising activity from members of the public, allowing people to give to charitable organisations with confidence.
c. By joining the Fundraising Regulator we agree to adhere to the Code of Fundraising Practice and the Fundraising Promise.
16. Jurisdiction
These terms and conditions shall be governed and construed in accordance with the laws of England and Wales. Any disputes shall be subject to the exclusive jurisdiction of the Courts of England and Wales.
17. Contact Us
Any questions regarding this Website should be sent to the RKC by emailing charity@nex-club.com or by post to: Digital Team, Ridny Krai, 2ND FLOOR COLLEGE HOUSE 17 KING EDWARDS ROAD, RUISLIP, LONDON, UNITED KINGDOM HA4 7AE.