Terms of Use - Legacy

NOTE: THESE TERMS OF USE ARE NO LONGER IN EFFECT

 

Basics

The Terms of Use set out below provide details of the terms of using the site. We recommend that you read the Terms in full and print out a copy for your reference as they constitute our entire contract with you.

This Basics section sets out some key issues related to your use of the site. It does not form part of the Terms of Use.

  • This is a donation site. Investing in the Campaign for Chris Williamson means investing in our legal system, in a campaign to build a better and fairer Labour Party and in an advocacy network in support of Chris Williamson MP and others like him, but it is not a financial investment. The Campaign may recover some of the Case funds that you donated. These funds will be kept by the Campaign on a ‘keep what you raise’ basis.
  • Please note that Campaign for Chris Williamson does not offer regulated investments through the platform. Therefore it is not authorised or regulated by the Financial Conduct Authority. As with all donation-based crowdfunding, there is no recourse to either the Financial Ombudsman Service or the Financial Services Compensation Scheme.

Risks of funding litigation

  • In our view UK case law indicates that pure funders – Donors who do not have a personal interest in the legal Case, do not stand to benefit from it and do not control the course of the Case – will not typically have any liability beyond their initial Donation. Like any existing practice based on law, this could change. In any case we are obliged to emphasise that we do not give, and this is not, legal advice, and should not be construed as such – in particular, we cannot advise whether or not the Courts would see you as a pure funder or not in any particular circumstance. If you have concerns on this point you should seek independent legal advice. We make no warranties or representations as to costs or other risks of donating to the Case.

 

Introduction

www.campaignforchris.org (“Campaign for Chris Williamson” or “the site”) is owned by Campaign for Chris Williamson Ltd (“we”, “us”, “ours” as appropriate). Campaign for Chris Williamson is a campaign platform to support and advocate for Chris Williamson MP, to crowdfund for his ongoing legal Case against the Labour Party, and to develop longer-term strategies and campaigns for building a better and fairer Labour Party.

These Terms of Use (the “Terms”) govern use of the site. By using the site, users (“you”, as appropriate) agree to these Terms. Please read them carefully. We recommend that you print or save a copy of these Terms for future reference.

We may make changes to these Terms at any time by sending you an email with the modified Terms and/or by posting a copy of them on the site. Any changes will apply to you seven days after the date of our email to you or the date on which we post the modified terms on the site, whichever is the earlier. If you continue to use the site after that period has expired, it means that you accept any such changes. You should ensure that you refresh your browser each time you visit the site to review the latest version of these Terms.

Campaign for Chris Williamson’s Privacy Policy forms part of these Terms. By agreeing to these Terms you also give your consent to the way we may handle your personal information under that Policy. You can read our Privacy Policy here.

 
Definitions

In these Terms “Case” refers to the legal project against the Labour Party for which funding is sought; and the “Campaign” is the Campaign for Chris Williamson. “Donations” are the monetary funds donated by “Donors” to finance the Case and Campaign. “Supporters” are the people who “Join” the campaign via the site. The “Defendant” is Christopher Williamson MP.

 

Correspondence

We may email Donors and Supporters via the site with updates in relation to the Case and Campaign from time to time, in accordance with our Privacy Policy.

 

Donations

References in this section to “you” are to a Donor.

Donations are made at your sole discretion and risk.

You acknowledge and agree that you do not have, and your contribution (whether financial or otherwise) does not entitle you to have, any rights in or to the Case, including any ownership, control or rights to advise on the conduct or legal strategy of the Case.

Your payment will be processed by PayPal. Please see PayPal's Terms for the terms that will apply to the payments you make using the PayPal service.

(Please note that all payments made prior to 20 September 2019 were made through the Stripe payment processor. You should therefore consult Stripe's Terms for the terms that will have applied to the payments you may have made using the Stripe service.)

You acknowledge that all information you provide to us and via PayPal is true and accurate.

By making a Donation, you represent, warrant and undertake on a continuous basis to Campaign for Chris Williamson that the payment of any funds used for such Donation will not result in a breach of applicable law.

Email updates

The email address you provide at the time of payment will be used to send you updates about the Case and Campaign. Please email us at info@campaignforchris.org if you do not wish to be kept informed about the Campaign or Case. You may unsubscribe from updates at any time.

 

Use of funds

How Donations are spent

The spending of Donations will be at the discretion of the Campaign, in accordance with its objectives and purposes. These include but are not limited to reimbursing expenditure that has already been made on the Campaign and Case as of 13 August 2019, and paying for current and future expenditure on the Campaign and Case. Campaign expenditure includes but is not limited to administration, site maintenance, advertising, marketing, room hire, travel costs, staffing, office costs, posters and flyers, video production, and graphic design. Case expenditure includes but is not limited to instructing solicitors, barristers and the payment of court fees.

Unused funds

We operate on a ‘keep what you raise’ basis with respect to all donations. All unused funds, including potential recovered legal costs from the Defendant, will be kept by the Campaign to further its objectives and purposes in other ways at its discretion. These may be used to establish and finance a successor campaign and/or to establish a legacy fund in order to assist other causes and legal campaigns that are deemed worthy of support by the Campaign or a successor campaign.

 
General

Content

All of the content on Campaign for Chris Williamson (including text, databases, graphics, videos and software) is owned by (and all copyright, trademark and other intellectual property rights in that content shall at all times remained vested in) us or our licensors and is protected by UK and international copyright and other intellectual property laws.

We make our content available through our site for your personal, non-commercial use. You may view our site’s pages and content online and print a copy of these Terms for your records. You may not otherwise reproduce, modify, copy or distribute or use any of the content on our site without our prior written consent.

 

Privacy

We respect your privacy. Please see our Privacy Policy, which forms part of these Terms of Use.

There may be circumstances where we are obliged by law to disclose information about you. In the event we are ordered by a court or tribunal to disclose information about Donors, we may be obliged to provide information you have given us on the site. We will make reasonable efforts to challenge any request or order that in our view is without legal merit. By using the site, you agree that we may be obliged to make such a disclosure.

FURTHER TO SUCH AN ORDER FOR DISCLOSURE OR OTHERWISE, A COURT MAY ORDER YOU TO PAY ADDITIONAL FUNDS IN RELATION TO THE CASE TO WHICH YOU DONATED, AND SUCH ORDER MAY BE FOR AN AMOUNT EXCEEDING THE AMOUNT YOU ORIGINALLY DONATED. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL CAMPAIGN FOR CHRIS WILLIAMSON, ITS DIRECTORS, ADVISORS, EMPLOYEES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS BE LIABLE FOR ANY LOSS, INCLUDING CONSEQUENTIAL LOSS, OR FOR OTHER DAMAGES, HOWSOEVER CAUSED (INCLUDING DUE TO NEGLIGENCE OR MISREPRESENTATION) THAT MAY RESULT FROM ANY COSTS AWARD OR OTHER ORDER AGAINST YOU.

 

Termination

Campaign for Chris Williamson reserves the right, at our sole discretion, to suspend or permanently deny your access to all or part of the site and associated services, immediately and without notice, where you breach these Terms including where there is any actual or suspected fraudulent, criminal or improper use of the site or associated services. In addition to terminating your access to or use of the site in accordance with these Terms, we may report or disclose information about you and/or your use of the site to relevant law enforcement, at our sole discretion and without notice to you.

 

Disclaimer and Limitation of Liability

You agree that your use of the site and associated services are provided on an ‘as is’ and ‘as available’ basis, and that your use of the site and associated services is at your sole risk. Campaign for Chris Williamson explicitly excludes any other conditions, guarantees, warranties or terms in relation to the site or its associated services, to the extent permissible by law.

TO THE FULLEST EXTENT PERMISSIBLE BY LAW, IN NO EVENT WILL CAMPAIGN FOR CHRIS WILLIAMSON, ITS DIRECTORS, ADVISORS, EMPLOYEES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY DAMAGES (I) RESULTING FROM YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SITE; (II) FOR ANY LOST PROFITS, DATA LOSS, OR COST OF PROCUREMENT FOR SUBSTITUTE GOODS OR SERVICES; OR (III) FOR ANY CONDUCT OF, OR CONTENT OF, ANY USER OF THE SITE.

We cannot guarantee and shall not be liable to you for any loss or damage arising in relation to the performance or reliability of the PayPal online payment processing services.

Nothing on the site (or in email updates provided by us to you via the site) is, or should be construed as, legal advice.

Campaign for Chris Williamson also disclaims any liability resulting from any loss or damage suffered by any person as a result of any direct or indirect use of any of the information or content available on the site.

 

Additional terms

Severability. If any part of these Terms is found to be unenforceable as a matter of law, all other parts of these Terms will not be affected and shall remain in force.

Entire Agreement. These Terms govern our relationship with you and represent our entire agreement with you.

Events or circumstances beyond our reasonable control. We may be prevented or delayed from complying with our obligations under these Terms by anything you (or anyone acting on your behalf) does or fails to do or due to events or circumstances beyond our reasonable control. In such circumstances including, but not limited to, fire, flood and other acts of God, strikes, trade disputes, lock outs, restrictions of imports or exports, riot, accident, disruption to energy supplies, civil commotion, acts of terrorism or war. In such circumstances, our inability or delay in performing our obligations will not be deemed to be in breach of contract.

Assignment. You may not assign, sub-license or otherwise transfer any of your rights under these Terms.

Waiver. If you breach these Terms and we choose to ignore your breach, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach the Terms.

Changes to the service. We will make every effort to ensure that the site and other services are available continuously, but we reserve the right to modify, suspend or discontinue all or any part at any time with or without notice. Unless specifically exempted, any new features, services or software applications introduced shall be subject to these Terms.

Exclusion of third party rights. These Terms do not create any right enforceable by any person who is not a party to them.

Governing law and jurisdiction. These Terms and any contractual or non-contractual dispute arising out of or in connection with your use of the site or the associated services are governed by the law, and subject to the jurisdiction of the courts of, England and Wales.

 

Get in touch

If you have any questions about these Terms or need any information, we’re happy to help. Please email us at info@campaignforchris.org or contact us in writing at our registered office, 19 St Christopher’s Way, Pride Park, Derby DE24 8JY

 

Updated 30 September 2019.