Terms of Website Use 
The information below (together with the documents referred to within it) tells you the terms of use on which you may make use of the website at ‘www.achievebychoice.com’ (“Site”), whether as a guest, a registered user, a beneficiary or an advertiser, and whether you be an affiliate of Us or a person, charity, school or company. Please read these Terms of Website Use carefully before you start to use the Site. By using the Site, you indicate that you accept these Terms of Website Use and that you agree to abide by them. If you do not agree to these Terms of Website Use, please refrain from using the Site.
1. Information About Us
The Site is a site operated by Achieve By Choice Limited ("We / Our / Us"). We are registered in England and Wales under company number 06471176 and have Our registered office at 40 Kimbolton Road, Bedford, Bedfordshire, MK40 2NR.
We are a limited company.
2. Accessing Our Site
Access to Our Site is permitted on a temporary basis, and We reserve the right to withdraw or amend the service We provide on Our Site without notice (see below). We will not be liable if for any reason Our Site is unavailable at any time or for any period.
From time to time, We may restrict access to some parts of Our Site, or Our entire Site, to users, beneficiaries and / or advertisers who have registered with Us.
If you choose, or you are provided with, an identification code, password or any other piece of information as part of Our sign-up, security or transaction procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any identification code or password, whether chosen by you or allocated by Us, at any time, if in Our opinion you have failed to comply with any of the provisions of these Terms of Website Use.
When using Our Site, you must comply with the provisions of Our ‘Acceptable Use Policy’.
You are responsible for making all arrangements necessary for you to have access to Our Site. You are also responsible for ensuring that all persons who access Our Site through your internet connection are aware of these Terms of Website Use, and that they comply with them.
3. Intellectual Property Rights
We are the owner or the licensee of all intellectual property rights in Our Site, and in the material published on it. Those works are protected by copyright laws, other intellectual property rights and laws, and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from Our Site for your personal reference and you may draw the attention of others within your organisation to material posted on Our Site.
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.
Our status (and that of any identified contributors) as the authors of material on Our Site must always be acknowledged.
You must not use any part of the materials on Our Site for commercial purposes without obtaining a licence to do so from Us or Our licensors.
If you print off, copy or download any part of Our Site in breach of these Terms of Website Use, your right to use Our Site will cease immediately and you must, at Our option, return or destroy any copies of the materials you have made.
4. Reliance on Information Posted
Commentary and other materials posted on Our Site are not intended to amount to advice on which reliance should be placed. This Site is provided on an “AS IS” and “AS AVAILABLE” basis and We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to Our Site, or by anyone who may be informed of any of its contents.
5. Our Site Changes Regularly
We aim to update Our Site regularly, and may change the content at any time. If the need arises, We may suspend access to Our Site, or close it indefinitely. Any of the material on Our Site may be out of date at any given time, and We are under no obligation to update such material.
6. Our Liability
The material displayed on Our Site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, We and third parties connected to Us hereby expressly exclude:-
i) all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and
ii) any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with Our Site or in connection with the use, inability to use, or results of the use of Our Site, any websites linked to it and any materials posted on it, including (without limitation) any liability for loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted management or office time, and for any other loss or damage of any kind however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
This does not affect Our liability for death or personal injury arising from Our negligence, nor Our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
7. Information About You and Your Visits to Our Site
We process information about you in accordance with Our ‘Privacy Policy’. By using Our Site, you consent to such processing and you warrant that all data provided by you is accurate.
8. Transactions Concluded Through Our Site
Contracts for the supply of goods and / or services formed through Our Site or as a result of visits made by you, whether you are an affiliate of Us or a person, charity, school or company, will be governed by a separate agreement between the parties to any such contract through the relevant supplier’s website. Any purchaser of goods and / or services must ascertain whether the supplier’s website has a valid “security certificate” before making payments. All guarantees, warranties and contracts are with the relevant supplier supplying the goods and / or services. Any refunds or queries relating to any aspect of the goods and / or services purchased or ordered must be directed to the relevant supplier. We accept no liability for any failings or non-fulfilment of contracts or warranties by such a supplier of goods and / or services.
You must be over 16 years of age to contract as a result of visiting Our Site.
If you do not wish to contract as a result of visiting Our Site, you must cease to use, promote or have any further involvement with the Site and must immediately sever all links to and from this Site.
Any charity or school wishing to be a beneficiary of the programme promoted through this Site will not be entitled to any commissions or any resulting benefits from sales, leads or referrals after the date and time of termination of their use of the Site (whether by them or Us), or the date and time when their use of the Site ought reasonably to have been terminated by them.
9. Payment
We will make payments on all cleared commission and / or other income earned through the programme promoted by this Site to the relevant charity or school on one of the following quarter dates:-
i) 01 January;
ii) 01 April;
iii) 01 July; or
iv) 01 October,
that follows a minimum of 2 full calendar months after the school or charity’s registration date in respect of this Site.
Commissions and / or income that have been earned will only be allocated for payment after the supplier providing the relevant goods and / or services has notified Us of said commissions and / or income.
Payments will be made by cheque and will be accompanied with a statement. The statement will show a breakdown of monies generated from sales or referrals by or to each supplier. We rely on the supplier to inform Us of the value of sales and commissions earned, and charities and schools hereby acknowledge this. We cannot accept liability for any system errors, failures or negligence of such third party suppliers in their recording of sales and commissions. Any errors that are identified should be directed to the relevant third party providing the goods and / or services in the first instance before notifying Us, with supporting documentation of any alleged misallocation of commissions and / or income.
In all cases of fraud or deception by a charity or school, alleged or proven, the charity or school shall not be paid any commissions or earnings until any alleged misconduct has been dis-proven. If any wrong doing is upheld, the commissions and / or earnings due will be returned to the affiliate, person or company supplying the goods and / or services or given, at their discretion, to another charity or school of their choice. We reserve the right to seek compensation if any fraud, deception or misuse of the fundraising programme promoted by this Site results in any damage, implied or express, to Us.
10. Uploading Material to Our Site
Whenever you make use of a feature that allows you to upload material to Our Site, or to make contact with other users of Our Site, you must comply with the content standards set out in Our ‘Acceptable Use Policy’. You warrant that any such contribution does comply with those standards, and that you will indemnify Us for any breach of that warranty.
Any material you upload to Our Site will be considered non-confidential and non-proprietary, and We have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to Our Site constitutes a violation of their intellectual property rights, or of their right to privacy.
We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of Our Site.
We have the right to remove any material or posting you make on Our Site if, in Our opinion, such material does not comply with the content standards set out in Our ‘Acceptable Use Policy’.
11. Viruses, Hacking and Other Offences
You must not misuse Our Site 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 Site, the server on which Our Site is stored or any server, computer or database connected to Our Site. You must not attack Our Site 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 Site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of Our Site or to your downloading of any material posted on it, or on any website linked to it.
12. Linking to Our Site
If you wish to advertise your goods and / or services on Our Site, you may link to Our home page with Our prior written consent, provided you do so in a way that is fair and legal and does not damage Our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on Our part where none exists.
You must not establish a link from any website that is not owned by you.
Our Site must not be framed on any other Site, nor may you create a link to any part of Our Site other than the home page. We reserve the right to withdraw linking permission without notice.
The website from which you are linking must comply in all respects with the content standards set out in Our ‘Acceptable Use Policy’.
If you wish to make any use of material from Our Site, please address your request to feedback@achievebychoice.com.
13. Linking from Our Site
Where Our Site contains links to other sites and resources provided by third parties and / or third party suppliers of goods and / or services, these links and advertisements are provided for your information only. Whilst We make reasonable efforts to check the identification and credentials of such third parties, We have no control over the contents of those Sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. It should not be construed that We endorse, approve or guarantee any goods and / or services that are offered on any linked website, or by any affiliate, person or company by their inclusion on this Site.
14. Jurisdiction and Applicable Law
The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to Our Site, although We retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country. These Terms of Website Use are governed by English law.
15. Variations
We may revise these Terms of Website Use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes We make, as they are binding on you. Some of the provisions contained in these Terms of Website Use may also be superseded by provisions or notices published elsewhere on Our Site.
16. Yours Concerns
If you have any concerns about material which appears on Our Site, please contact feedback@achievebychoice.com.
Thank you for visiting Our Site.
