Fund Extra Website
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Terms of Use
We, Family Fund Extra, operate this website, the home page of which can be found at www.familyfundextra.org.uk. Your access to and use of this website is subject to your compliance with all applicable laws and these terms of use, which incorporate the paragraphs below, the Privacy Policy, the Chat with extra rules and the Terms and Conditions of Sale, all of which can be accessed from this page (“Terms of Use”). Your use of this website constitutes your unqualified agreement to accept and comply with the Terms of Use.
To jump straight to a particular part of the Terms of Use please click on the relevant heading below, or scroll down to read the Terms of Use in full.
Operator of this website
Use of this website
Links from and to this website
Chat With Extra
Share Your Story and Upload a Photo Facilities
Send an E-Card and Invite a Family or Friend
Sale of products
Donations and Gift Aid
Becoming a member or supporter of the Family Fund Extra website
Applying to Family Fund for assistance
Trade Marks, Logos and Service Marks
Copyright
Viruses
Feedback and Complaints
Privacy Policy
Connection and Charges
General
1. Operator of this website
This website is operated by Family Fund extra, a trading name of Family Fund Trading Limited, a company registered in England (number 06293129) whose registered office and address for correspondence is 4 Alpha Court, Monks Cross Drive, Monks Cross, Huntington, York, North Yorkshire, YO32 9WN. Family Fund Trading Limited is a wholly-owned subsidiary of The Family Fund Trust for Families with Severely Disabled Children, a charity registered in England (number 1053866) and a company limited by guarantee registered in England (number 03166627) with the same registered office as Family Fund Trading Limited.
2. Use of this website
This website is offered as a service for families with severely disabled or seriously ill children and is directed solely at those who access this website from the United Kingdom.
Whilst we use reasonable efforts to include accurate and up to date information on this website, errors may occur. We cannot give any warranty or representation as to the accuracy of the information, and do not accept responsibility for errors or omissions or for any action or decisions based on the information.
Your use of this website is at your risk. As each family’s circumstances are different, action should not be taken without obtaining specific advice. The information and materials provided on this website are of a general nature only and cannot be regarded as constituting advice or recommendations (professional or otherwise). We do not accept any liability for any direct, indirect, special or consequential losses or damages of whatever nature, including, but not limited to loss of anticipated savings, revenues, information, goodwill or contracts arising out of this website, its availability or lack of availability or your use of any information contained in this website.
We exclude all warranties, express or implied, relating to the information and materials on this website to the fullest extent permitted by law.
Nothing in the Terms of Use shall be construed to exclude or limit (1) our liability for death or personal injury or fraudulent misrepresentation or (2) any rights you may have as a consumer to the extent that such liability and rights may not be excluded or limited under applicable statute or law.
3. Links from and to this website
Hypertext links are links by which visitors can move from one website to another or from one page to another within the same website.
This website contains hypertext links to third parties' websites (including those listed in the "Shopping extra" section of this website). Any hypertext links between our website and any third party website are provided for your convenience only and we accept no liability whatsoever for the contents of any such third party website. We exclude to the fullest extent permitted by law all liability that may arise in connection with or as a result of third party website material or your accessing of third party websites causing any damage, costs, injury or loss of any kind.
You agree that if you wish to create any links between this website and any other website you will do so only in accordance with the rules set out on this website.
4. Chat with extra
If you wish to access or make comments using Chat with extra, you will be bound by our Chat with extra rules click here to see a copy, which form part of the Terms of Use.
5. Share Your Story and Upload a Photo Facilities
The Share Your Story and Upload a Photo facilities allow you to upload text and photos to an area of this website. The text and photos will be treated in the same manner as comments posted on Chat with extra and the Chat with extra Rules click here to see a copy apply as if the text and photos are comments to be posted on Chat with extra. If you do not wish us to post your story or photo on this website please do not upload the text or photos.
6. Send an E-Card and Invite a Family or Friend
This section of the Terms of Use applies to any use of our Send an E-Card or Invite a Family or Friend facilities ("Facilities"). For the avoidance of doubt all of the other provisions of the Terms of Use shall also apply to your use of the Facilities. We may (but are not obliged to) monitor the contents of e-cards or other messages sent using the Facilities (“Messages”) and we assume no liability arising from the content of any Message.
You undertake:
• to accept full responsibility for the contents of any Messages;
• to use the Facilities only for lawful purposes;
• not to send inaccurate, defamatory, abusive, offensive, pornographic, racist, sexist, threatening, vulgar, obscene, hateful or otherwise inappropriate material or material which will constitute a criminal offence or give rise to civil liability or which may cause offence in relation to sexual orientation, age, marital status, disability or working status in any Messages;
• not to harass or upset third parties through your use of the Facilities;
• not to include in Messages any material which refers to a third party or is protected by confidentiality, copyright, trade mark or other propriety right without the express permission of the third party owner;
• not to use any other user's identity to log on to Chat With Extra or the Family Fund Extra website or to impersonate any person or to assume a false identity;
• not to send personal information about yourself or any third party using the Facilities;
• not to insert material into Messages which contains viruses, files or programs that are designed to disrupt, damage or limit the functioning of any software or hardware equipment;
• not to use the Facilities for any commercial purpose or to send advertisements, chain letters, surveys, pyramid schemes or requests for money; and
• not to use the Facilities in order to obtain unauthorised access to data or other information of ours or any third party.
You acknowledge that the recipient of your Message will be able to identify you from the information you provide when submitting your Message and that we will cooperate with any person, law enforcement authority or court order requesting or directing us to disclose the identity of anyone sending material using the Facilities in breach of the Terms of Use, any law (whether civil or criminal) or the legal rights of any party.
7. Sale of products
The Terms of Use do not deal with the terms upon which we may supply products to you. If you purchase any products from us you will be bound by our Terms and Conditions of Sale which form part of the Terms of Use. If the products are to be sold to you by a third party, the third party’s terms will apply to that sale.
8. Donations and Gift Aid
If you make a donation to Family Fund Extra using the website you may be able to take advantage of the Gift Aid scheme. Please refer to the Donate page of this website which can be accessed by clicking here for further information.
9. Becoming a member or supporter of the Family Fund extra website
If you apply to become a member or supporter of the Family Fund extra website, whether using the website or by phone or post, you will be bound by the Terms of Use as are all users of the website. We may refuse, suspend or terminate any member’s or supporter’s membership of this website at any time for any reason.
When you register as a member or supporter you will be asked to create a password. You agree to keep this password confidential and not disclose it to any third party. If you become aware or suspect that a third party may know your password you agree to contact us immediately so that we may change it.
10. Applying to Family Fund for assistance
Family Fund is associated with, but a separate entity to, Family Fund extra. Family Fund is a trading name of The Family Fund Trust for Families with Severely Disabled Children. Please see Operator of this website above for further information about Family Fund.
The Terms of Use relates to your use of this website. If you make an application to Family Fund for assistance, whether online or otherwise, Family Fund will ask you to agree to be bound by separate terms.
11. Trade Marks, Logos and Service Marks
The trade marks, logos and service marks (collectively “the Trade Marks”) displayed on this website (whether registered or unregistered) are and shall remain the property of their respective owners. Nothing contained in this website shall be construed as granting any licence or right to use any Trade Mark displayed on this website without the prior written consent of the relevant Trade Mark owner. Your misuse or infringement of any of the Trade Marks displayed on the Site is strictly prohibited.
12. Copyright
The copyright in each aspect of this website is owned by Family Fund extra or its content or technology providers. All content is protected by copyright and may not be used except as expressly provided in the Terms of Use without our prior written consent. We do not warrant or represent that your use of materials displayed on the website will not infringe the rights of third parties.
Except where otherwise stated expressly, you must not copy, adapt, download, exploit or otherwise use the information contained in the website in any way, other than for the purpose of enquiring about or requesting information relating to the type of goods and services we are able to offer or downloading and temporarily storing one or more of the pages of the website for the purpose of viewing, for your personal use only, on a personal computer or terminal. For the avoidance of doubt you shall not be entitled to reproduce, permanently store, or retransmit any of the contents of the website without our prior written consent.
13. Viruses
Whilst we try to keep our anti-virus software up-to-date we do not warrant that this website, its servers, downloadable files or e-mails which may be sent by us, are free from viruses or other harmful components.
You must not:
• introduce or attempt to introduce any virus or other contaminant to the website or any of its software or systems; or
• in any way attempt to access, alter, de-compile, reverse engineer, destroy or otherwise tamper with any part of this website, its software or systems.
14. Feedback and Complaints
Any queries, feedback or comments you may have about this website should be submitted by writing to Family Fund extra, 4 Alpha Court, Monks Cross Drive, Monks Cross, Huntington, York, North Yorkshire, YO32 9WN.
15. Privacy Policy
Any personal information we collect from you shall only be used in accordance with our Privacy Policy a copy of which can be viewed by clicking here, which form part of the Terms of Use.
16. Connection and Charges
You are responsible for obtaining an appropriate connection with a telecommunications provider in order to access this website and the costs of all charges you incur in accessing and using this website.
17. General
We may amend the Terms of Use from time to time. If we make any substantial changes we will notify you by posting a notice on this website's home page. You are bound by any changes we make to these Terms of Use with effect from the date of the change. You can view the current version of the Terms of Use at any time by clicking on the Terms of Use link on the home page of this website.
If any of the Terms of Use are unenforceable it shall not affect the enforceability of the rest of them.
The Terms of Use shall be governed by and construed in accordance with English law and the English Courts shall have exclusive jurisdiction to hear disputes between us.
Terms and Conditions of Sale
These Terms and Conditions apply to all purchases from our website. Please read them carefully before placing an order.
Acceptance of Your Order
Comet Gift Cards
Prices
Availability
Delivery
Right of Cancellation
Complaints and Liability
Validity
No Variation or Representation
Third Party Rights
Governing Law and Jurisdiction
1. Acceptance of Your Order
We, Family Fund Trading Limited trading as Family Fund extra, must receive payment of the price of the products and the delivery charges before we can accept your order. We reserve the right to restrict the number of products you may order and to refuse any order. You will receive an email from WorldPay using the email address you provided when placing your order. We will also send you an email acknowledging your order. Both of these emails are sent automatically and do not mean that we have accepted your order. We will notify acceptance of your order by sending an email to you with "Order Acceptance" in the subject line stating that your order has been accepted [and despatched]. Otherwise, our acceptance of your order takes place upon delivery of the products. Only when we have accepted your order is a binding contract created.
2. Comet Gift Cards
If your order includes one or more Comet gift cards (which includes the Family Fund extra gift cards) the following provisions apply:
• all gift cards are displayed on our website on behalf of Comet Group plc;
• all Comet gift cards are sold by Comet Group plc;
• we are Comet Group plc's agent for acknowledging and accepting your order on behalf of Comet Group plc, for accepting your payment, for arranging delivery of your gift card and for dealing with any queries arising in connection with your gift card including in relation to refunds or cancellation of your order;
• the contract for sale of each gift card is between you and Comet Group plc, on the terms set out in these Terms and Conditions which apply in all respects other than as set out in this clause 2;
• the gift card can be redeemed against goods purchased in any Comet store within the United Kingdom. It can be used as full or part payment on any goods or services, however no change can be given, any balance remaining on the card will be held on the card and can be spent on future purchases. Any remaining balance can be checked at any time by calling Comet on 0844 247 1010Calls usually cost no more than 4.25p per minute from BT landlines; calls from mobiles may cost more;
• the gift card can be used to pay a deposit on any Comet in-store credit agreement. It cannot be redeemed for cash, gift vouchers or gift cards or be used as payment on an existing credit agreement;
• the gift card will expire after 12 months of consecutive non-use including loading or redemption, in which case any remaining balance will be lost and you will not be entitled to a refund;
• neither Comet Group plc nor Family Fund extra is able to replace any gift card if it is lost or stolen after delivery;
• the minimum amount that can be stored on a gift card is £1 the maximum amount is £1,000; and
• Comet Group plc reserves the right to amend the terms and conditions relating to the use of gift cards at any time.
3. Prices
Prices are set out on our website in Pounds Sterling and are inclusive of United Kingdom-rated VAT where applicable.
Prices remain in force until we publish new prices on our website. Delivery charges may apply and, if applicable, will be displayed during the order process.
Whilst we try to ensure that all prices on our website are accurate, mistakes can sometimes occur. If we discover an error in the price of products you have ordered we will contact you as soon as possible and give you the option of either reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as being cancelled. If the order is cancelled, we will refund any money which we have taken from you.
4. Availability
All orders are subject to availability of products. If we are unable to deliver products ordered by you we will notify you (where practicable) and, if we have received the price and the delivery charges of the unavailable products, we will refund them to you within 30 days unless you agree to a longer period.
5. Delivery
We are only able to arrange delivery to addresses within the United Kingdom. Our aim is to get your order delivered within [5] working days of receipt of payment to addresses within mainland United Kingdom and within [10] working days of receipt of payment to all other addresses, but please allow up to 28 days for delivery. We will deliver products ordered by you to the delivery address stated on your order form. You will not become the owner of the products until they have been delivered, at which time they will also be at your risk and we will not be liable for any subsequent damage, loss or destruction to them.
6. Right of Cancellation
The United Kingdom’s Consumer Protection (Distance Selling) Regulations 2000 provide you with a right to cancel your order for products at any time up to the end of the seventh working day following the day after the day on which you received the products. You do not need to give us a reason for cancellation.
If you wish to cancel your order please write to us at Customer Services, Family Fund Extra, 4 Alpha Court, Monks Cross Drive, Monks Cross, Huntington, York, North Yorkshire, YO32 9WN
If you have already received the products you must carefully repackage and return them to us at Customer Services, Family Fund Extra, 4 Alpha Court, Monks Cross Drive, Monks Cross, Huntington, York, North Yorkshire, YO32 9WN at your own expense. We recommend that you use an insured courier service when returning products to us.
Until you have sent the products back to us, you must keep them in your possession and take reasonable care of them.
We will credit the price of the cancelled products and our delivery charges to you within 30 days of receiving notice of cancellation.
Please note that you are not able to cancel orders for products which have been personalised once the order has been placed, such as Christmas cards in which you have asked us to print a name or message.
7. Complaints and Liability
All complaints should be addressed to Customer Services, Family Fund extra, 4 Alpha Court, Monks Cross Drive, Monks Cross, Huntington, York, North Yorkshire, YO32 9WN .
If products we deliver to you are not as ordered or are damaged, defective or of incorrect quantity you should contact us within 14 days of delivery. We will replace the incorrect, damaged or defective products or make good the shortfall in quantity or, at our option, credit the price and delivery charges of those products to you.
If you do not receive products ordered you should notify us within 21 days of the date of your order. We will deliver the products ordered or, at our option, credit the price and delivery charges of the non-delivered products to you, or if we have not accepted your order and have been unable to contact you, we will notify you of the reason for non-acceptance upon request.
Our aggregate liability (whether in contract, tort or otherwise) for loss or damage shall in any event be limited to a sum equal to the amount paid or payable by you for the products the subject of the claim.
We shall be under no liability for any delay or failure to deliver products or otherwise perform any obligation as specified in these terms and conditions if the same is wholly or partly caused by circumstances beyond our reasonable control.
Nothing in these Terms and Conditions shall be construed to exclude or limit (1) our liability for death or personal injury or fraudulent misrepresentation or (2) any rights you may have as a consumer, to the extent that such liability and rights may not be excluded or limited under applicable statute or law.
8. Validity
If any of these Terms and Conditions are unenforceable it shall not affect the enforceability of the rest of these Terms and Conditions.
9. No Variation or Representation
Nothing said by our personnel shall amount to a variation of these Terms and Conditions or a representation about the nature or quality of our products.
10. Third Party Rights
We may transfer our rights under the contract, but otherwise nothing in these Terms and Conditions shall give any person who is not a party to the contract any benefit or any right to enforce any of the terms of the contract.
11. Governing Law and Jurisdiction
Your order and the formation of the contract shall be governed by and interpreted in accordance with English law.
The English Courts shall have jurisdiction to hear disputes between us.