Last updated on 7 June 2021 Terms and Conditions These Terms of Use apply to all Users (as defined below). Jump to section Definitions About us/the site Products and services Term Conditions of contract Your obligations Information provided by you Accuracy of information Intellectual property rights and confidentiality Uploading of content to the site Use of files Contact via the site Termination Limitation of liability Disclaimer Indemnity General Complaints Definitions In these Terms of Use, the following words have the following meanings, unless the context requires otherwise: “Agreement” means the agreement between you and us incorporating these Terms of Use for the provision of the Service, our Privacy Policy and our Cookie Policy, which form the entire agreement between you and us as provided in Clause 4; in the event of any conflict between the documents, these Terms of Use shall prevail; “Content” means any material posted on the Site, including any File; “Default” means any breach of contract, tortious act and/or omission and/or any breach of statutory duty; “External Provider” means any third party body or organisation which promotes its services or products on the Site with our prior approval; “File” means any text, text file, image, picture, logo or other graphical representation which is provided in downloadable form on the Site; “Intellectual Property Rights” means all intellectual property rights throughout the world whether currently in existence or otherwise and whether vested or contingent including, without limitation, copyright, database rights, design rights, registered designs, design patents, utility models, patents, trade marks, service marks, signs and other designations, confidential information, trade secrets and rights in know-how and all similar rights whether registered or otherwise including, without limitation, all extensions, reversions, revivals and renewals thereof from time-to-time. The above shall include, in relation to registrable rights, any applications made in respect of any such rights and the right to apply for registered rights; “Lloyds Bank Foundation” means Lloyds Bank Foundation for England & Wales, a Company Limited by Guarantee with Registered Number 1971242 and Registered Charity Number 327114 whose Registered Office is at Pentagon House, 52-54 Southwark Street, London SE1 1UN. “Charity” means any charitable organisation [or social enterprise] whose registration with Lloyds Bank Foundation to access additional services provided via the Site has been approved and remains valid for the time being; “Privacy Policy” means our privacy statement located at https://www.lloydsbankfoundation.org.uk/about-us/privacy-and-data-protection and which sets out our data protection, usage and privacy policy; “Service” means the service and any products provided via the Site to you including, but not limited to, allowing you to browse the Site and to access the Content and enabling Charities to register for and connect to a secure portal for the purpose of submitting grant applications and for grantees to file monitoring reports; “Site” shall have the meaning given in Clause 1 and any other URLs which forward to such URL or which we may use to provide the Service from time to time; “User” means a Charity or a Visitor; “Visitor” means any person who browses the Site without registering as a Charity; “We” means Lloyds Bank Foundation and “us”/ “our” shall be construed accordingly; “You” means a User and “your” shall be construed accordingly. Clause headings shall not affect the interpretation of these terms and conditions. References to clauses are (unless otherwise provided) references to the clauses of these terms and conditions. Unless the context otherwise requires, words in the singular shall include the plural and those in the plural include the singular. A reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time. Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms. A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality) and that person's personal representatives, successors and permitted assigns. A reference to writing or written includes fax and e-mail. About us/the site The website hosted at https://www.lloydsbankfoundation.org.uk/ including the secure charity portal described in Clause 2 (the “Site”) is operated by Lloyds Bank Foundation. The purpose of the Site is to provide information about the charitable work of Lloyds Bank Foundation and to enable Users to: obtain information and resource materials relating to a variety of charitable causes and social issues, obtain information about charities and causes supported by us, and to enable organisations to register with us as a Charity and to submit applications for grants, to enable Charities to access a secure portal for purposes including, but not limited to, submitting applications for grants, managing information about their Charity and viewing or filing monitoring reports in connection with their grants (existing grantees). Products and services When using the Site, you accept that there might be services, materials or resources which are not provided on the Site which might be more suitable for your particular needs. We reserve the right to vary the Content from time-to-time in our absolute discretion. This Site is intended for use by individuals and organisations who wish to learn more about the activities of Lloyds Bank Foundation and the charitable causes which we support, for charitable organisations to submit applications for grants and for grantee Charities to carry out activities related to their accounts or grants and to submit further grant applications, including managing their Charity information, submitting new grant applications, looking-up Enhance Programme consultants, viewing details of their Enhance Programme projects, viewing or filing monitoring reports You accept that the Content is provided for information purposes only and that the purpose of the Site is not to provide any advice. It is your responsibility to ensure that information and resource materials offered by us, or External Providers as the case may be, via the Site match your requirements. In particular, we accept no responsibility or liability whatsoever for any loss or damage which you might suffer or incur in the event that any information or resource materials provided by us, or External Providers as the case may be, do not meet your requirements or are not suitable for you. Term This Agreement shall begin when you choose to access the Site. By choosing to enter the Site you agree to be bound by this Agreement. This Agreement shall continue until terminated in accordance with these Terms of Use. Once terminated, you shall have no right to use the Site. Conditions of contract We grant you a licence to view and make temporary copies of Content for the purposes set out in this Agreement. We do not grant you a licence to use the Content of the Site for any other purpose and you may not reproduce, distribute or publish the Content for any purpose. In order to access our secure charity portal, in addition to complying with these Terms of Use, you need to register with us as a Charity by providing the details requested and agreeing to our data sharing policy. Only one Charity registration may be created on the Site per organisation, which shall include details of the organisation. However, if a grant application is successful, you may request additional individual accounts where more than one person within your organisation needs to have access to your Charity’s account. By using the Site, you represent and warrant that you have the right, authority and capacity to enter into and to abide by the terms and conditions of this Agreement. The terms and conditions of this Agreement shall supersede any prior terms and conditions previously notified to you which relate to your use of the Site. It is important that these Terms of Use are read in conjunction with our Privacy Policy and Cookie Policy, as well as any External Provider’s terms and conditions where you choose to use the services of External Providers referred to on the Site. Any use of the Site for purposes other than as set out in the Agreement is strictly prohibited and shall constitute a breach of this Agreement which shall end your entitlement to use the Site and cause this Agreement to terminate. You accept that the purpose of the Site is to provide information in addition to access to a secure portal through which Charities can submit grant applications and file monitoring reports as described in Clause 2. We do not provide advice and we do not warrant the accuracy or suitability of any Content on the Site. You accept that we are not responsible for the services of External Providers referred to on the Site or for the competence and skill of External Providers or the suitability of their services for you. We include details on the Site of organisations which we have supported and which we consider will be of interest to Users, but in doing so we do not make any warranty or representation as to the suitability or otherwise of such services. Our employees, sub-contractors and/or agents are not authorised to make any representations or warranties concerning the Service unless confirmed by us in writing. You acknowledge that you do not rely on any representation and/or warranty which has not been made in accordance with this Agreement and that we do not make any representations. We use third party technical service providers to make the Service and the Site available to you which might require sharing information with them (subject always to our Privacy Policy https://www.lloydsbankfoundation.org.uk/about-us/privacy-and-data-protection. We reserve the right to transfer such information to a new technical service provider as required in order to deliver the Service and the Site. We have the right to terminate your use of the Site in accordance with Clause 13 (Termination) at any time for non-compliance with the terms of this Agreement. Your obligations You agree not to and shall not: if you have registered with us as a Charity, disclose your log-in credentials to any unauthorised person. You agree to notify us of any unauthorised use of your log-in credentials, account or other breach of security; if you have registered with us as a Charity, leave your browser logged on to the Site without your attendance so that unauthorised persons might be able to access and/or amend your account information or send messages or make comments without your knowledge; if you have registered with us as a Charity, exit from the Site without properly logging off using the “Sign Out” link; attempt to gain unauthorised access to any information available on the Service or to any of the networks used in providing the Service; post and/or reproduce in any way any Content, file or information and/or material which infringes the Intellectual Property Rights of another party; copy, store, modify, transmit, distribute, broadcast or publish any part of the Content of the Site, save in accordance with this Agreement; use the Service to breach any law or regulation or to initiate the sending of unsolicited advertising or promotional material, whether for commercial or non-commercial reasons; if you have registered with us as a Charity, in any way assign, transfer, part with and/or authorise any other person to use your Charity account; subject to Clause 5, permit or create unauthorised framing of, or deep linking to, the Site or the creation of derivative works thereof from another website under your management or control; copy, modify, reverse engineer/assemble or otherwise attempt to discover/tamper with any source code, sell, assign, sub-license, grant a security interest in, or otherwise transfer, any rights related to the coding of the Site or modify the coding in any manner or form; use modified versions of the coding for the Site, including (without limitation) for the purpose of obtaining unauthorised access to this Site; access the Site by any means other than through the interface that is provided by the Site for on-line access, as displayed to the general public or to Charities via the dedicated sign-in page; use the Site for your own commercial purposes or commercial gain in a way that is not associated with the purpose of the Site or in a way which infringes the rights of others; You acknowledge that we cannot guarantee that any username you request will be available or approved for use. We reserve the right to require you to select a replacement name and we will suspend our Service to you if, in our sole opinion, there are reasonable grounds for us to believe that your current choice of name is, or is likely to be, in breach of the provisions of this Agreement. If you have registered with us as a Charity, you are responsible for ensuring that anyone who accesses your Charity portal account using your information is aware of these Terms of Use and that they comply with them. You are responsible for all activities under your account details, even in the event that you did not agree to, or have any knowledge of, such activities. If you have registered with us as a Charity and you have asked us to create additional, individual accounts for multiple users within your organisation, you will notify us promptly if an individual account-holder leaves your organisation so that we can disable that user’s account. The sharing of individual user’s accounts is not permitted. You may link to the Site provided that you do so in a way which is fair and legal and does not damage the reputation of or take advantage of Lloyds Bank Foundation or its members, sponsors or partners. In the absence of our express, written consent, you may not establish a link in such a way as to suggest any form of association, approval or endorsement by us where none exists. You must not establish a link from any website that is not owned by you. You must not establish a link from any website containing offensive or otherwise inappropriate Content. The Site may not be framed on any other site, nor may you create a link to any part of the Site other than the home page. We reserve the right to remove linking permission without notice. You agree to remove any links upon our request or on termination of this Agreement. Information provided by you You warrant that the information provided by you in connection with any grant application is truthful, complete and accurate, not misleading and is regularly updated by you as and when necessary. Intellectual property rights and confidentiality All Intellectual Property Rights in the Service, the Site and Content, including the source code and html code used to generate the pages of the Site, are owned by us or our licensors absolutely. Any and all Intellectual Property Rights in Content posted by you are owned by you or your licensors absolutely. You hereby grant a non-exclusive licence to us for the purposes of displaying, copying, reproducing, analysing and using your Content as we deem fit for the purposes of the Site including the processing and of grant applications and management of grants. You will not remove any copyright notices or other notices relating to intellectual property rights of Lloyds Bank Foundation or its licensors or External Providers from any Content downloaded by you in accordance with the Agreement. You agree that you will keep confidential and not use, except for purposes contemplated by this Agreement, any information relating to the Service which may be disclosed to you or which you may learn, except where such information is public knowledge or is required to be disclosed by law. The following Clauses shall be subject to our Privacy Policy https://www.lloydsbankfoundation.org.uk/about-us/privacy-and-data-protection: Any Content which you post to the Site shall be treated by us as non-confidential and you acknowledge that we do not owe you an obligation of confidence in respect of anything which you choose to post to the Site. We will use our reasonable endeavours to keep personal details such as surnames and e-mail addresses confidential and will not disclose such information, except where it is public knowledge, is required to be disclosed by law or as a result of a genuine complaint where disclosure is necessary to comply with a mandatory obligation. We may use information you supply for the purposes of managing your participation in the Site, processing grant applications, managing grants, for monitoring and audit purposes and to refer you to services which we consider might be of value to you. We may pass on the information you provide via the Site to third party technical service providers to make the Service and the Site available to you in the interests of cost-effective delivery of the Service by ourselves or our successors. If you do not wish your details to be passed on, please advise us by e-mailing enquiries@lloydsbankfoundation.org.uk. Accuracy of information Whilst we endeavour to keep the information contained on the Site, and any other websites relating to Lloyds Bank Foundation produced and controlled by us, relating to provision of the Service up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability of such information, products or services. The pages of the Site are subject to change without notice. Any reliance you place on any such information is therefore strictly at your own risk. We do not warrant that any of the information and/or Content provided as part of the Service is accurate. It is a condition of our allowing you to access the Site and Service that you accept that we will not be liable for any action you take in reliance on the Content contained therein. We do not provide any warranty in respect of the Service, results, availability, and/or uninterrupted use of the Service due to technical issues beyond our control. In particular, errors or conflicts in the software or data may not be correctable. You are responsible for obtaining access to the Service via the Internet. We cannot assume any responsibility for your failure to access the Site or Service from any location or browser. Any access fees incurred in reaching the Site and any equipment necessary to access the Service shall be your responsibility. You are also responsible for any fees or expenses incurred in uploading or downloading Files to or from the Site. Uploading content to the site Should you choose to make use of functionality which allows you to upload Content, you must comply with the following provisions of this Clause 10. These provisions apply to any Content uploaded to the Site. Uploads and all contributions of Content made by you must be accurate and fair, comply with applicable laws and must not: be defamatory, obscene, offensive, discriminatory, hateful or inflammatory or promote violence or illegal activity; be likely to cause annoyance, inconvenience or needless anxiety for any other Users; infringe the Intellectual Property Rights of any third party; be likely to deceive; be in contradiction of any legal duty owed to a third party; misrepresent your organisation or its objectives; imply any representation by us. You agree to notify us as soon as is practicable in the event that you believe that any Content contained within your account or provided by others on the Site does not comply with the provisions of this clause in order that we may investigate whether it should be removed from the Site or edited. You must take all reasonable precautions (including using appropriate virus-checking software) to ensure that any information, content, material or data you provide is free from viruses, spyware, malicious software, trojans, worms, logic bombs and anything else which may have a contaminating, harmful or destructive effect on any part of the Site. Use of files Use of Files provided on the Site is on condition that you will not add, subtract or in any way alter or edit any File (including, for this purpose, any machine-readable code which may be a part of any File), nor will you make any use whatsoever of any File or any other element of our or any third party’s Intellectual Property Rights (including but not limited to our name, whether used in a URL, metatag, hyperlink or otherwise) other than for the purposes of, and as contemplated by, this Agreement or as may otherwise be specified by us in writing. Contact via the site You may communicate with us via the e-mail address provided in the contacts area of the Site. It is your responsibility to ensure that the content of any e-mail communications initiated by you complies with the Agreement. We also draw your attention to our Privacy Policy https://www.lloydsbankfoundation.org.uk/about-us/privacy-and-data-protection Where you have registered as a Charity, we may communicate with you via the e-mail address which you have provided to us. Termination Notwithstanding any other clause of the Agreement, either party may terminate this Agreement at any time, for any reason at its absolute discretion. Some of the reasons why we might terminate the Agreement include if you use the Site for any purposes other than those envisaged under this Agreement (Clause 5) and non-compliance with the terms of the Agreement (Clause 5.11). To close your Charity’s account, please contact us at enquiries@lloydsbankfoundation.org.uk. We require 48 hours’ notice to deactivate your account. We may also close your Charity’s account after non-submission of a grant application or submission of an incomplete grant application, following an unsuccessful grant application or following the end of any grant period. Closure of your Charity’s account will result in loss of access to the secure Charity portal. You may continue to access the public areas of the Site, subject to your continued compliance with this Agreement. Termination of this Agreement shall not affect the accrued rights and liabilities of either party. Following termination, you agree that we may immediately proceed to deactivate any account which you hold and all related data in your account and/or bar any further access to the Service or any part of the Service, such as the secure Charity portal. You agree that we shall not be liable to you or any third party for any termination of your access to the Service and shall not be liable to remove data, if requested or demanded by any individual or entity. We shall not be responsible for failure to remove any other data supplied by you once the account becomes inactive for any reason, but shall remove it as soon as reasonably practicable after a written request by you. We may terminate this Agreement or transfer our rights and obligations under it, together with any Content and/or data we are holding on your behalf or in relation to you, to a replacement provider in the event that the Service is no longer provided by us. Limitation of liability You acknowledge that we and our appointed third parties do not accept any responsibility for your use of the Site. Content posted on the Site by us does not constitute advice and is provided for information purposes only. You are aware that registration of information by you on this Site will in no way guarantee any form of benefit and we reserve the right to remove Content on reasonable grounds. Such grounds shall include (but not be limited to) improper or unauthorised use of the Site and its Content, including any Files, or of trade marks and other Intellectual Property Rights of Lloyds Bank Foundation or its partners or licensors, misleading registration and failure to comply with applicable legal or regulatory obligations. In no event shall we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with the removal of your information from the Site. We cannot be responsible for any Content downloaded or otherwise obtained through use of the Service, which is done at your own discretion and risk. You will be solely responsible for any damage to your computer system stemming from any losses which might result from the downloading of such material. You shall produce to us written evidence of any claim for which it is alleged that we are liable, together with written details of how any loss was caused by us and the steps you have taken to mitigate your loss before we shall have any liability for any claim by you. Through the Site you are able to link to other websites which are not under the control of us. We are not responsible for and have no control over the nature, content and availability of those sites or for any products (including software) or services provided by third parties advertised, sold or otherwise made available on them. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them. In no event shall we be liable for any losses arising from use of services provided by third parties to which links are provided from the Site. Neither party shall have any liability to the other for any: consequential losses (including but not limited to loss of profits, damage to goodwill, damage to reputation, loss of data, loss of programs and/or Service interruptions); economic and/or other similar losses; and/or special damages and indirect losses. Each party shall be under a duty to mitigate any loss, damage, costs or expenses that it may suffer. You must inform us immediately if anyone makes or threatens to make any claim or issue legal proceedings against you relating to your use of the Service or any information on the Site and you will, at our request, immediately stop the act or acts complained of. If we ask you to, you must confirm the details of the claim(s) in writing. If you fail to stop the act or acts complained of, we may suspend the Service available to you. If we do so, we will not restore it until we receive an appropriate assurance from you that there will be no further contravention of the terms of this Agreement. Nothing in this Agreement shall exclude or limit liability for death or personal injury from either party’s negligence or for damage arising from fraud or fraudulent misrepresentation. We shall have no liability to you for any delay in performance of the Service and/or any other matters to the extent that such events and/or matters are due to any event outside our reasonable control, including but not limited to an act of God, war, flood, fire, labour dispute, strike, lock-out, epidemic or pandemic, riot, civil commotion, malicious damage, explosion, governmental action or any other similar events. Disclaimer The contents of this Site are for information purposes only and are not an invitation to enter into a contractual obligation, including to buy products or services. We do not offer advice and accordingly any information contained on this Site should not be construed as advice or as being a recommendation by us to act in a certain way. Indemnity You agree to indemnify and keep us indemnified against any and all losses, proceedings, lost profits, damages, awards, expenses and costs (including increased administration costs and legal costs on a full indemnity basis), claims, actions and any other losses and/or liabilities suffered by us and arising from and/or relating to your use of the Service, as a result of any Default by you, including any Content you upload to the Site and activity which you engage in as a result of your use of the Site. General The Contracts (Rights of Third Parties) Act 1999 shall not apply to this Agreement and no third party shall have any right to enforce this Agreement, save that any assignee of our rights and obligations set out in this Agreement may do so. We may assign this Agreement to any third party without your consent. No waiver by us of any breach of this Agreement shall be considered as a waiver of any subsequent breach of the same provision or any other provision. Save as provided in Clause 4 this Agreement constitutes the entire agreement between you and us in respect of your use of the Site and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings, whether written or oral, relating to its subject matter. Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this Agreement. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Agreement and that its only remedy shall be for breach of contract. Each party confirms that it has not relied on any representations made by the other party when entering into this Agreement. If any provision of this Agreement shall be held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the remaining parts of this Agreement and the remainder of the affected provision shall be unaffected and shall remain in full force and effect. We reserve the right to revise these Terms of Use at any time by amending this page. We therefore recommend that you review this page from time to time to take note of any changes. Your continued use of the Site will constitute your acceptance to any changes made to Terms of Use prior to such usage. This Agreement shall be governed by and construed in accordance with the laws of England and Wales including in respect of any non-contractual obligations. All claims, disputes or other matters in question between the parties related to or arising out of this Agreement, including in relation to any non-contractual obligations, shall be subject to the exclusive jurisdiction of the English Courts. We shall be entitled to process your data in accordance with the terms of our Privacy Policy https://www.lloydsbankfoundation.org.uk/about-us/privacy-and-data-protection. Please view this document for further information. If you have any further questions about the use of your information please contact us at: enquiries@lloydsbankfoundation.org.uk. This Site is only intended for use by individuals residing and organisations registered in the United Kingdom. We make no warranty or representation that any product or service referred to on this Site and/or any service we provide is available or otherwise appropriate for use outside the United Kingdom. If you choose to use this Site from locations outside the United Kingdom, you do so entirely at your sole risk and you are responsible for compliance with all applicable local laws. Complaints If you are unhappy about something on the Site or the Service for any reason, please contact us by writing to us at: enquiries@lloydsbankfoundation.org.uk. We shall acknowledge your complaint within 5 working days and aim to resolve your complaint in line with our complaints policy within four weeks. If we are not able to do so, we shall provide you with an acknowledgement. After we have had an opportunity to investigate your concerns, we shall issue you with a final response. Sign up to our newsletter Receive monthly updates on what we’ve been up to, what we have planned, news from the sector and access to free and helpful resources Follow us ©2021 Lloyds Bank Foundation and its suppliers. All rights reserved. Company Limited by Guarantee. Registered Number 1971242. 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