1. Changing Stars Malawi Terms & Conditions
Please read these terms and conditions carefully before using Our Service.
3. Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of these Terms and Conditions:
- Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
- Country refers to: United Kingdom
- Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Changing Stars, Malawi, 28 BROOMFIELD, LEEDS, LS16 6AF.
- Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
- Service refers to the Website.
- Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
- Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
- Website refers to Changing Stars Malawi, accessible from https://changingstarsmalawi.org/
- You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
3. Acknowledgment
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
4. Donations & Payments
These are the Terms and Conditions which govern each use you make of the donation payment services provided through the Website.
These Terms and Conditions apply separately to each single donation that you make. Except as provided for in section 5, ‘Monthly Donations’, and unless specified by you, they do not form a contract allowing for future or successive transactions to be set up. By confirming on the Website that you wish to make a donation you agree to be bound by these Terms and Conditions for that donation.
(1) The donation services
We will use your donation at our discretion but within our stated charitable objectives.
All payments through the Website are to be made by payment card or via PayPal.
Once you confirm to us through the Website that you wish to proceed with your donation your transaction will be processed through our payment services provider, WooCommerce. By confirming that you wish to proceed with your donation you authorize WooCommerce to request funds from your credit, debit, or PayPal card provider.
(2) Unauthorised card use
If you become aware of fraudulent use of your card, or if it is lost or stolen, you must notify your card provider.
(3) Information from you
Before we can process a donation you must provide us with (i) your name, address and email address; and (ii) details of the credit or debit card that you wish to use to fund the donation. We will use this information to process your donation. It is your responsibility to ensure you have provided us with the correct information.
When you submit your payment details, these details will be transferred to our payment provider, WooCommerce, and your payment data will be collected and processed securely by them. You should make sure that you are aware of WooCommerce’s terms and conditions, which are different from our own, to ensure that you are comfortable with how they will process your personal data before you make a donation.
We won’t share your personal details with any other third party other than is set out in our Privacy Policy. Our Privacy Policy forms part of these Donation Payment Terms and Conditions and by agreeing to these Terms and Conditions you are also agreeing to the way we use and protect your personal information in line with our Privacy Policy.
(4) Refund policy
If you make an error in your donation please contact us by email, admin@changingstarsmalawi.org, within 14 days and a full refund will be made to you.
(5) Monthly donations
These Donation Payment Terms and Conditions will only apply to successive donations made through the Website where you have set up a monthly donation. When you set up a regular donation you will be scheduling a series of donations to be made on the day of the month that you choose until further notice. You agree that these Terms and Conditions will apply to each of the donations in that series.
By confirming that you wish to proceed with a monthly donation you authorize our payment service provider WooCommerce to request funds from your credit or debit card on the day of each month that you set.
To cancel your regular donation please contact us at: admin@changingstarsmalawi.org
(6) General
We reserve the right to amend these Donation Payment Terms and Conditions at any time.
These Donation Payment Terms and Conditions are governed by United Kingdom law and are subject to the exclusive jurisdiction of the United Kingdom courts.
(7) Gift Aid
By ticking the “Yes, I would like to claim Gift Aid” box on our checkout, You agree you would like Changing Stars Malawi to reclaim the tax on all qualifying donations you have made, as well as any future donations, until you notify them otherwise. You understand that if you pay less income tax/or capital gains tax than the amount of Gift Aid claimed on all your donations in that tax year, that you may be asked to pay any differences. You understand that Changing Stars Malawi will reclaim 25p of tax on every £1 in value that is given.
5. Links to Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
6. Termination
We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately.
7. Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some countries do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these countries, each party’s liability will be limited to the greatest extent permitted by law.
8. "AS IS" and "AS AVAILABLE" Disclaimer
The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
9. Governing Law
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
10. Disputes Resolution
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
11. For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
12. Severability and Waiver
Interpretation
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Interpretation
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
13. Translation Interpretation
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
14. Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
14. Changes to These Terms and Conditions
If you have any questions about these Terms and Conditions, You can contact us:
By email: admin@changingstarsmalawi.org
