Terms and Conditions: GENERAL

Welcome to the CHANGE website! These terms and conditions cover the use of the CHANGE website, including content on our site, how you can contact us, data protection, and our liabilities. These General Terms and Conditions should be read in conjunction with our Terms of Use, our Terms of Sale and our Privacy Policy (as set out below) (together the "Terms").

By using our site (www.changepeople.co.uk) you accept and agree to comply with these Terms. We may amend these Terms (especially if we add new products or features to our sites), so check them regularly; your continued use of our site will indicate that you accept and agree to any amendments to our Terms.

A pdf version to this Terms and Conditions document is available for you to download so you can keep a copy for your own records if you wish. We would always advise that you do this if you are making a purchase from CHANGE.

1. About us

1.1 CHANGE Ltd is a leading national rights organisation led by Disabled People. We believe in equal rights for all people with learning disabilities.

1.2 Our registered office address is:

CHANGE
Unit 41
Shine
Harehills Road
Leeds LS8 5HS
UK

1.3 The UK registered company number of CHANGE Ltd is 3468738. CHANGE Ltd is also a UK registered charity with registered charity number 1067579.

1.4 If you'd like to hear more about us or if you have a complaint, here are some options for how you can get in touch with us:

(a) By e-mail: info@change-people.co.uk

(b) By post: CHANGE, Unit 41, Shine, Harehills Road, Leeds LS8 5HS, UK

(d) By fax: +44 (0) 113 3880012

(e) By minicom: +44 (0) 113 3880013

1.5 Our registered VAT number is 8284188510.

2. About our liability

2.1 The content (i.e. the text and images) or availability of our site is provided without any guarantees, conditions or warranties, including warranties of merchantability, non-infringement of intellectual property, fitness for purpose, or accuracy or completeness of any information.

2.2 Save as expressly set out in these Terms, to the extent permitted by law, we and third parties connected to us exclude:

(a) all conditions, warranties and other terms which otherwise be implied by statute, common law or the law of equity;

(b) any liability for any direct, indirect or consequential loss or damage incurred by you in connection with our site or in connection with the use, inability to use, or results of the use of our site, any sites linked to it and any materials posted on it, or for any Products (as defined later) purchased, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable; and

(c) any liability arising from any actual or alleged infringement of third party Intellectual Property Rights (IPR), except where you are a consumer (not a business) and we have sold you an ownership right (as opposed to a licence to use) in the relevant IPRs.

2.3 If you believe that your IPR have been used in a way on our site or Products that gives right to concerns of infringement, you must you must notify us promptly in writing at the address set out in Paragraph 1.4(b) setting out your name, your contact details, a description of your IPR and details of the alleged infringement. We endeavour to respond promptly to all IPR owners who allege their IPR has been infringed and who notify us in accordance with this paragraph. Upon notice we make take certain actions including removing the information or Product, all of which are taken without any admission as to liability and without prejudice to any rights, remedies of defences we may have.

2.4 In the event a claim is made against you by a third party alleging that your use of our site or Product infringes their IPR, you must:

(a) notify us promptly in writing at the address set out in Paragraph 1.4(b), setting out your name, your contact details, details of the alleged infringement, together will full copies of any documents that you have received or sent;

(b) not make any admission in relation to the claim;

(d) permit us to have control of the defence of the claim.

2.5 Notwithstanding any of the above, our liability for losses you suffer as a result of us breaching these Terms is strictly limited to the purchase price of the Product you purchased and any losses which are a foreseeable consequence of us breaking these Terms. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us

2.6 Nothing in these Terms is intended to exclude our or your liability for death or personal injury arising from our own respective negligence.

2.7 Commentary and other materials posted or available to purchase on our site do not amount to an offer to contract or advice on which reliance should be placed, and you should interpret it as such. We disclaim and exclude all liability and responsibility arising from any reliance placed on such materials by anyone visiting our site, or by anyone who may be informed of any content on our site.

3. About other bits and pieces

3.1 If these Terms or any part of them are held to be illegal, invalid or unenforceable by any court of competent jurisdiction, the remainder of these Terms will continue in full force and effect.

3.2 No relaxation or delay by us in exercising any right or remedy under these Terms shall operate as waiver of that right or remedy or shall affect our ability to subsequently exercise that right or remedy. Any waiver must be agreed by us in writing.

3.3 These Terms will be construed in accordance with and governed by English law.

3.4 We and you submit to the exclusive jurisdiction of the English courts to settle any dispute arising out of or in connection with these Terms or our site, unless you are a consumer and any applicable law gives you a right to commence proceedings in a jurisdiction other than England.

3.5 You agree that any of our related companies (and the operators of our site) may rely on and enforce these Terms, but otherwise we and you agree that no other third parties are to be given any rights under the Contracts (Rights of Third Parties) Act 1999 (UK).

3.6 You agree that we may assign or novate these Terms to anyone without notice to you.

PART 1: TERMS OF USE

1. About access to our site

1.1 Our site was prepared from sources that we believed to be accurate at the time, but we can't guarantee that the information on it will always be correct. You should use our site as a reference only and should validate any of the information you are interested in from other sources before you rely on it.

1.2 We try to update our site regularly, so we may have to suspend access, service or functionality on our site, from time to time, without notice. If required, we may have to close our site indefinitely. We will not be liable if, for any reason, our site is unavailable at any time or for any period of time. Even where you have become a registered user, you should have no expectation that our site will always be accessible or permanently available.

1.3 As information or data transmitted to or from our site passes over public telecommunications networks, we can't promise that the operation of our site will be secure, confidential, uninterrupted or error-free. You agree not to do anything that does or may interfere with the proper working of our site including but not limited to tampering with, or hacking into, our site or the servers on which they reside.

2. Registered users

2.1 From time to time our site may have section accessible only by a user identification name/code and/or password ("pass codes") or functions which only registered users may use (for instance, our product sales section). From time to time, we may restrict access to those sections, or to the entire site, to users who have registered with us. If you choose, or you are provided with, a user identification name/code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party.

2.2 We may disable or suspend your access or pass codes, whether chosen by you or allocated by us, at any time in our sole discretion. Our issuing of pass codes is not a promise of continued use or access to our site or any data you might store on it.

2.3 Each registration is for a single user only. You must not share your user name and password with any other person nor with multiple users on a network. If an order is placed using your pass codes then you agree to be bound by that order even if you did not yourself make it, in which case the person making the order using your pass codes shall be deemed to be your agent. If you receive communications from us about an order that was placed using your pass codes and you believe that you did not place that order yourself, then you must notify us as soon as possible.

3. About content on our site

3.1 We own, or are the licensee of, the intellectual property rights in the content of our site, including but not limited to text, photos, graphic designs, images, audio, video recordings, scripts, executable files, any information published on our site and any data entered or stored by you (the intellectual property rights in which you assign to us).

3.2 Use of our site does not give you any right to use or reproduce any of its content or the trade marks on it and you agree not to use or reproduce the content or the trade marks without our prior written permission.

3.3 Our site contain links to third party sites and resources. We have no control over the contents of those sites, resources or third parties and accept no responsibility for them, or for any loss or damage that may arise from your use of them. We do not review, censor, approve, edit or endorse any information placed on third party sites or resources.

4. About use of our site

4.1 You agree to use our site in accordance with these Terms, only for lawful purposes and in a way that does not infringe the rights of anyone or restrict or inhibit anyone's use and enjoyment of our site. If you don't comply with these Terms, we may deny you access to our site.

4.2 You may download and print content from our site only for your private, personal and non-commercial use. We do not guarantee or warrant that any material available for downloading is free from infection, viruses, trojans and/or other contaminating codes. You must not modify the paper or digital copies of any materials 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.

4.3 Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged. Please note that where you purchase any of our images for use (see Part 3 Terms of Sale, section 6.3) you will be require under the use licence to attribute us as the author.

4.4 You agree to provide information that is truthful and accurate. You agree to use the enquiry and order forms on our site to make only genuine enquiries and/or orders for you or for other persons for whom you are authorised to act.

4.5 You will not use our site to, e-mail, post or otherwise transmit any material that is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene or profane.

4.6 You agree not to reproduce, distribute, modify or re-post our content on another site, frame or mirror our sites or link to any of our sites without our prior written consent. If you do wish to create such a link, please make such a request by contacting: info@change-people.co.uk

PART 2: PRIVACY POLICY

1. About your privacy

1.1 We collect and process your personal information in accordance with the Data Protection Act 1998, the Privacy and Electronic Communications (EC Directive) Regulations 2003 and all other applicable UK data protection legislation, as amended from time to time.

1.2 When you use our site, register with us, make a donation, purchase any goods or contact us by post, telephone, fax, or e-mail, we collect, store and use certain personal information that you disclose to us. This includes details such as your name, address, telephone, fax, e-mail and mobile phone number. We may also collect details of your computer's internet protocol address and other details about your computer, which is automatically collected by our web server. We will also collect your payment information, including but not limited to credit or debit card details, which we will transmit to our then current payment processor, currently Protx Ltd, however we will not store your payment details or information. We may also pass your personal data to other third parties, who perform necessary functions in fulfilling any order you might make; for instance, courier or transport companies. If you have asked for a Product to be delivered outside the EEA then we may also pass your information to third party companies to outside the EEA so as to meet your delivery requirements.

1.3 Other than as set out in the rest of this paragraph, we will not share your personal information with third parties for marketing or any other purposes without your consent, unless we are required to do so by law. We operate an automatic opt-in policy which means that when you register with us, make a donation, make an order to purchase Products or otherwise supply us with personal information, we add you to our database unless you un-tick the relevant check box when you register. So unless you choose not to be contacted, we:

(a) may contact you with relevant promotions, offers or information that we feel may be of interest to you, from time to time;

(b) may share this information with our trading subsidiaries who may contact you about our fundraising, new product development, campaigning and other work; and

(c) may pass your details to other organisations who support our charitable aims or other third party organisations that are supportive of our charitable objectives including corporate partners that we may work with.

We will not however share or distribute your payment information with any third party, other than with our payment processor for the purpose of processing your payment.

1.4 If at any time, you would like us to stop contacting you, simply e-mail us at: info@change-people.co.uk or otherwise you can use any other unsubscribe method that we specify in our communications with you.

1.5 If your personal details change, please help us to keep your information up to date by e-mailing us as soon as possible.

1.6 Did you know that countries outside the European Union may have a lower standard of protection for personal information? If we send your data to a company outside the EU, we'll do our best to ensure that they process your personal information in accordance with principles consistent with the Data Protection Act 1998 and the Privacy and Electronic Communications (EC Directive) Regulations 2003, as amended from time to time.

1.7 We have technical and organisational security measures in place to prevent the loss of or unauthorised access to your personal information. While we do our best to ensure the security of your data, we cannot guarantee the security of information transmitted over the Internet.

1.8 Our site contains links to other sites. We are not responsible for the privacy practices of such other sites and recommend you read the privacy policy of each site that you visit that collects your personal information.

2. About cookies

2.1 We use "cookies" to store and collect information regarding your usage of our site. They are small pieces of information stored by the browser on your computer's hard drive. They send information stored on them back to our web server when you access our site. It helps us to know what you're viewing on our site, and how you navigate around the site, which ultimately helps us make improvements to our site.

PART 3: TERMS OF SALE

1. About our order process

1.1 The advertising of Products on our site constitutes an "invitation to treat"; and your order for Products constitutes a contractual offer. No contract will come into force between you and us unless and until we accept your order in accordance with the procedure detailed below.

1.2 In order to enter into a contract to purchase Products from us, you will need to take the following steps:

(i) you must add the products you wish to purchase to your shopping cart, and then proceed to the checkout;

(ii) if you are a new customer, you must then register an account with us and log in; if you are an existing customer, you must enter your login details;

(iii) once you are logged in, you must select your preferred method of delivery and confirm your order and your consent to these Terms of Sale;

(iv) you will be transferred to payment page in order to insert your payment information, unless you have an account with us in which case we will invoice you when the Products are delivered; and

(v) once we have checked whether we are able to meet your order, we will either send you an order confirmation (at which point your order will become a binding contract) or we will confirm by e-mail that we are unable to meet your order.

1.3 If we cannot supply you with the Products that you have requested or the Product ordered is not in stock, we will inform you of this as soon as reasonably possible. In these circumstances we will either cancel the order (we will give you notice of this by email), or give you the option of cancelling your order or waiting for until the Products can be supplied. We will give you a full refund where you have already paid for the Products and the relevant order is cancelled.

1.4 We will not file a copy of these Terms of Sale specifically in relation to your order. We may update the version of these Terms of Sale on the website from time to time, and we do not guarantee that the version you have agreed to will remain accessible. We therefore recommend that you download, print and retain a copy of these Terms for your records.

1.5 The only language in which we provide these Terms is English.

1.6 Before you place your order, you will have the opportunity of identifying whether you have made any input errors by reviewing your complete order, including delivery and invoicing address, Purchase Order Number where appropriate, goods ordered and delivery options selected, along with price and VAT, before proceeding to the payment details page. At this point you will be able to edit or confirm your order. You must correct those input errors before placing your order by selecting the 'edit' option and selecting 'confirm the order' when you are happy with your order.

2. About our Products

2.2 You acknowledge that, as between you and us, we own all present and future copyright, trademarks, registered and unregistered trademarks, design rights, unregistered designs, database rights and all other present and future intellectual property rights and rights in the nature of intellectual property rights existing in or in relation to the Products ("IPR").

2.3 You also acknowledge that you are only permitted to use the Products for your own purposes and that you were not permitted to copy or use the Products, for any other purposes including, for example, to copy or disseminate the Products to any other persons. All licensed Products must be used in accordance with the licence terms set out in section 6 of these Terms of Sale.

2.4 Your use of CHANGE Picture Bank CD-ROMS and their contents are subject to the licence in section 6 of these Terms.

3. About our prices and payment

3.1 The price of Products are listed on our site. All prices are in pounds sterling. We reserve the right to vary any prices on our site at any time. However we'll let you know of any changes in price before we confirm your order. Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will verify prices before we accept your order. We will contact you as soon as reasonably possible to notify you of the change in price, you may then decide cancel your order or confirm your order at the correct price.

3.2 For orders delivered to the UK or the European Union 20% VAT is added. All other orders are VAT free. Prices are quoted exclusive of VAT.

3.3 Please note that VAT does not apply to educational materials such as books and some training materials. If you are not sure whether VAT will apply to your order, this will be shown clearly at checkout, or you can contact us for more information.

3.4 The total amount of VAT charged will be shown clearly at checkout.

3.5 If you order Products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.

3.6 In addition to the price of the Products, you will have to pay a delivery charge, which will be as stated when you pay for the Product and will depend on the method of delivery you select.

3.7 Payment for all Products must be by credit or debit card unless you have registered an account with us, in which case you will receive an invoice for your order. We accept payment with Visa, Mastercard, Maestro/Switch or Solo. Your card will be charged as soon as your order is confirmed.

3.8 When you place an order and give your payment details, we encrypt your credit/debit card numbers using 128 bit encryption. Your details are only decrypted after they reach our computer or those of our payment processor. They are not held in clear text on any site.

3.9 Although our site uses encryption security software, in areas where online payment details are accepted, we cannot guarantee the security of information and payments transmitted via the internet.

3.10 Any loss incurred by you when transmitting information by means of e-mail or other internet links shall be borne solely and exclusively by you and in no event shall any such loss in whole or in part be borne by us.

4. About delivery

4.1 Your order will be fulfilled by the delivery date set out in the Order Confirmation. This will depend on your choice of delivery method. If no delivery date is specified, then delivery shall take place within 30 days of the date of the Order Confirmation, unless there are exceptional circumstances, in which case we will notify you in writing of those circumstances.

4.2 Delivery cost are shown clearly at the checkout for each order. These are based on the total order weight and include recorded or courier delivery depending on the options chosen, to ensure the secure delivery of your order.

4.3 There are two delivery options available to UK customers, up to a total order weight limit of 2 kilograms, upon which all orders are automatically delivered by courier. There are is no Express Delivery option for overseas customers, but all orders are sent using recorded delivery.

4.4 Standard Delivery can be expected within 5-10 days from receipt of the order, Express Delivery within 2-3 days. If, for any reason, your order cannot be delivered within these timescales, you will be notified as soon as possible.

4.2 Delivery will be to the address specified in your order. If no one is available at the address at the time of delivery, the Products will be retained by the delivery company for a reasonable period of time and then returned to us. If Products are returned to us by the delivery company, we will issue you with a refund for the Products but reserve the right to retain any costs incurred in arranging for the delivery and return of the Product.

4.3 All risk in and title to the Products you order shall pass to you when they are delivered to the delivery address specified in your order.

4.4 Where Products are lost or damaged during delivery, we will re-send you the lost or damaged Product or may offer you a full refund, including delivery charges.

5. About your rights

5.1 Save for contracts with us for Products such as bespoke work and training, you may cancel your order at any time before you receive the Product or within 7 working days of having received the Products (the "Cooling Off Period"). In this case, you will receive a full refund of the price paid for the Products. We aim to process your refund to you as soon as possible and, in any case, within 30 calendar days of the day you have given notice of your cancellation. In this case, we will refund the price of the Product in full, including the cost of initially delivering the item to you. However, you will be responsible for the cost of returning the item to us.

5.2 To cancel the contract, you must inform us in writing. You must also return the Product(s) to us immediately, in the same condition in which you received them, and at your own cost and risk. If you buy any sealed CD-ROM or Software Products, including CHANGE Picture Bank Products from us, you will not have the right to return them and cancel the contract, if they are not defective (including within the Cooling Off Period) if you have opened them or broken the seal. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.

5.3 You have the right to return a faulty or defective Product to us within a reasonable period of time after receipt of the Product. Please inform us in writing and return the faulty Product to us as soon as possible. We will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 calendar days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective Product. Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us. In case the item has become defective after 30 days but prior to six months of receipt, please contact us to obtain information on the possibility of a repair, replacement or full or partial refund.

5.4 We will usually refund any money received from you using the same method originally used by you to pay for your purchase. As such, in order to effect a refund we may need you to submit your payment details to us again or speak with you to arrange another refund method.

5.5 You should check all Products you receive against your order. If you receive a Product that has been incorrectly supplied then you must tell us within 7 working days of delivery. You must return the Products to us as soon as possible after notifying us that the Product has been incorrectly supplied. Please note that we will not accept the return of any incorrectly supplied Products where you fail to notify us of this within 7 working days of receiving them. If the Products which have been incorrectly supplied are notified to us with 7 working days of delivery, then we will, at your option, either provide a replacement or you may cancel your order and obtain a full refund, including delivery costs.

6. CHANGE Picture Bank Licence

6.1 Terms of the License

This section of the Terms applies:
(i) if you are purchasing or purchased one of the CHANGE Picture Bank CD-ROMs and Licenses for use, whether a single or multiple user license; and/or
(ii) if you download any individual CHANGE Pictures from our website. (together "CHANGE Image Resources)"

These licence terms may be reproduced in the delivery package with any relevant Product or as part of the software comprising part of the Product.

Please read the following licence terms and conditions carefully. You will be bound by the terms of the licence should you either directly or else through someone acting on your behalf, purchase, install and/or operate any CHANGE Image Resources for your own purposes or else purport to dispose of the CHANGE Image Resources.

6.2 Definitions

This License Agreement is between ‘You’ the purchaser of a CHANGE Image Resources License and the ‘We’, 'us' CHANGE Ltd.

6.3 The License

We grant you a personal non-exclusive, non-transferable licence to install and use the selected CHANGE Image Resources, on the maximum number of terminal/s as appropriate to the license purchased, on which the CHANGE Image Resources can be installed at the location of the purchaser. In relation only to CHANGE Pictures, the maximum number of terminals on which any CHANGE Pictures can be installed is one (1).

The CHANGE Image Resources may only be run or otherwise operated by your employees on equipment owned by you. Any further use is prohibited.

You must only use pictures from CHANGE to make information accessible and easy to understand.

You must give due credit to CHANGE when using pictures from CHANGE including any of our Picture Banks. This can be via use of our Publisher’s Mark (a copy of which can be obtained from us by writing to info@change-people.co.uk) or a short reference on the back cover of documents or at the bottom of web-pages. E.g. ‘all pictures used are from CHANGE www.changepeople.co.uk.

If you want to use the pictures from CHANGE to make money e.g. in a document or product that is going to be for sale through your organisation, you must write to us and ask our separate permission. We may charge you a commission fee on any reproduction of our work for commercial gain.

6.4 Restrictions

You are responsible for the installation and use of the CHANGE Image Resources you have purchased.

The CHANGE Image Resources or any part thereof may not be installed on an internal or externally accessible network unless you are specifically licensed to do so (unlimited user license only).

The CHANGE Image Resources must by not be copied for personal use by any means.

The CHANGE Image Resources are not for re-sale, rent or loan. You may not operate a bureau service using the CHANGE Image Resources nor use them in performing services for any other person.

You must not modify the Image Resources software in any way, however the pictures can be used as required.

6.5 Rights

You acknowledge that the CHANGE Image Resources are protected by copyright, database right and other intellectual property rights and that, as between you and us, these rights belong to us and are not assigned to you.

You may only extract or utilise data from the CHANGE Image Resources or copy or otherwise use the CHANGE Image Resources in accordance with any express permission given to you by this licence and for no other purpose.

6.6 Liability of the Licensor

Whilst we do not warrant that the CHANGE Image Resources are and will be free from viruses we have taken reasonable steps to check the same but you are solely responsible for performing virus and other checks of the CHANGE Image Resources prior to installation. Furthermore we do not warrant that the CHANGE Image Resources will be free from minor errors or defects which do not materially affect the operation of the CHANGE Image Resources.

All conditions, warranties, terms, representations and undertakings express or implied, statutory or otherwise in respect of the CHANGE Image Resources are expressly excluded to the extent permitted by law.

Nothing in this licence shall limit or exclude our liability to you for death or personal injury resulting from our own negligence or that of its employees or any other liability not capable of exclusion or limitation by reason of statute.

6.7 Termination

We may terminate this licence if you materially breach any of these Terms. On termination we may demand, which you must carry out, that you delete the installed set up program for your computers and destroy any back-up or other copies of the Product or part thereof and return all copies of the Product to us.

6.8 Miscellaneous

Our rights and remedies this licence do not exclude any other rights or remedies provided by law.

If any of the terms of this licence are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such terms shall be severed from the remaining terms which shall continue to be valid to the fullest extent permitted by law.

This licence supersedes and invalidates all other commitments, representations and warranties relating to the CHANGE Image Resources, which may have been made by the parties either orally or in writing.

We and you submit to the exclusive jurisdiction of the English courts to settle any dispute arising out of or in connection with these Terms or our site, unless you are a consumer and any applicable law gives you a right to commence proceedings in a jurisdiction other than England.

The licence may only be varied by way of a written document signed by both you and us.