2024 Terms and Conditions Positive Lamb
This page sets out the terms on which you may access and make use of our website positivelamb.com. By using the Site, you agree to these terms and conditions. If you do not agree to these terms and conditions, please do not use the Site.
This website is owned and operated by Positive Lamb Foundation. References to “we”, “us”, “you” or “our” in these Terms and Conditions are references to Positive Lamb Foundation and Positive Lamb Foundation UK , a charity registered in Canada under Charitable Registration #: 788784692RR0001 and in England and Wales under Charitable Registration #:1207884
You may not alter this website in any way or post onto or transmit to this website any material containing software viruses or files which may damage or disrupt the good working order of computer or telecommunications equipment.
2.1 If you are under 16 please check with your parent or guardian before using the Site.
2.2 Access to the Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on the Site without notice (see below). We will not be responsible if for any reason the Site is unavailable at any time or for any period.
2.3 From time to time, we may restrict access to some parts of the Site, or the entire Site.
2.4 We do not guarantee that the functions or materials accessible from or contained in the Site will be uninterrupted or error free, that defects will be corrected, or that the Site or the server that makes it available are free of viruses or faults. You are responsible for ensuring that your computer system meets all technical specifications necessary to use the Site and is compatible with the Site.
3.1 We are the owner or the licensee of all intellectual property rights in the Site, and in the material published on it. All such rights are reserved.
3.2 You may print off one copy, and may download extracts, of any page(s) from the Site for your personal reference and you may draw the attention of others to material posted on the Site
3.3 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.
3.4 Our status (and that of any identified contributors) as the authors of material on the Site must always be acknowledged.
3.5 You must not use any part of the materials on the Site for commercial purposes without obtaining written consent from us or our licensors. Please send any written requests to use content from the Site using our general inquiry contact form or email sayhello@positivelamb.com
3.6 If you print off, copy or download any part of the Site in breach of these terms and conditions, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
We aim to update the Site regularly, and may change the content at any time. However, any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.
5.1 The material displayed on the Site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, our affiliated organizations and third parties connected to us hereby expressly exclude:
5.1.1 all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;
5.1.2 any liability for any loss or damage whether direct, indirect or consequential incurred by any user in connection with the Site or in connection with the use, inability to use, or results of the use of the Site, any websites linked to it and any materials posted on it;
5.1.3 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.
5.2 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.
5.3 Notwithstanding clause 5.1, if we are liable to you for any reason, our liability will be limited to $200. This limit does not apply to any liability we may have under Clause 5.2 above.
5.4 You are responsible for implementing sufficient procedures and virus checks to satisfy your requirements.
6.1 You may use the Site only for lawful purposes. You may not use the Site:
6.1.1 in any way that breaches any applicable local, national or international law or regulation;
6.1.2 in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
6.1.3 in any way which harms or has significant risk of harming children or vulnerable adults in any way;
6.1.4 to send, receive, upload, download, use or re-use any material which does not comply with our content standards below;
6.1.5 to transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam); or
6.1.6 to knowingly transmit any data, send or upload any material that contains viruses or any other harmful programs or computer code designed to adversely affect the operation of any computer software or hardware.
6.2 You also agree:
6.2.1 not to reproduce, duplicate, copy or re-sell any part of the Site;
6.2.2 not to access without authority, interfere with, alter, damage or disrupt:
(a) any part of the Site;
(b) any equipment (including telecommunications equipment) or network on which the Site is stored;
(c) any software used in the provision of the Site; or
(d) any equipment or network or software owned or used by any third party.
7.1 We will determine, in our discretion, whether there has been a breach of these terms and conditions through your use of the Site. When a breach of these terms and conditions has occurred, we may take such action as we deem appropriate.
7.2 Failure to comply with these terms and conditions constitutes a material breach of these terms and conditions and may result in our taking all or any of the following actions:
7.2.1 immediate, temporary or permanent withdrawal of your right to use the Site;
7.2.2 legal proceedings against you for reimbursement of all costs resulting from the breach;
7.2.3 further legal action against you; or
7.2.4 disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
8.1 We process information about you in accordance with our privacy policy. By using the Site, you consent to such processing.
8.2 The Positive Lamb Foundation website provides an international facility for donations to be made in multiple currencies. This allows supporters from any country to make a donation to Positive Lamb on any of our websites, and for that donation to automatically be made to, and managed by, the relevant Positive Lamb organization (either Canada or England and Wales). The Positive Lamb Foundation that is responsible for your relationship will be identified on the donation confirmation page that you will see and in the transaction confirmation email that you will receive.
9.1 You may link to our web pages, 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.
9.2 The Site must not be framed on any other site. We reserve the right to withdraw linking permission without notice. If you wish to make any use of material on the Site other than that set out above, please send your request to us using our general enquiry contact form or email sayhello@positivelamb.com.
Where the Site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents or availability of those sites or any products or services offered through such sites. We do not endorse and accept no responsibility for them or for any loss or damage that may arise from your use of them. Any concerns regarding an external link should be sent to us using our general enquiry contact form or by emailing sayhello@positivelamb.com
11.1 The Canadian courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to the Site.
11.2 These terms and conditions and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Canada.
11.3 We have used reasonable endeavours to ensure that the Site complies with Canadian law, but cannot ensure that it is appropriate or available for use in every country outside Canada. Those who visit the Site from other countries are responsible for compliance with all applicable laws. If use of the Site and/or viewing of it, or use of any material or content on the Site or services, are contrary to or infringe any applicable law in your jurisdiction(s), you are not authorized to view or use the Site and you must exit immediately.
We may revise these terms and conditions at any time and without prior notice by amending this page or posting a new set of terms and conditions on the Site. You are expected to check this page frequently to take notice of any changes we made. Your continued use of the Site after amendments or a new set of terms and conditions are posted constitutes your acceptance of these terms and conditions as modified. Some of the provisions contained in these terms and conditions may also be superseded by provisions or notices published elsewhere on the Site.
We are not usually able to give refunds for voluntary donations, however if you have made a donation in error, please contact us as we may be able to refund the donation less any charges we have incurred. We can be contacted at +1-587-997-4593 (Canada) +44 7518 485425 (UK) or by emailing sayhello@positivelamb.com.
14.1 We may transfer or subcontract any or all of our rights and obligations under these terms and conditions at any time.
14.2 If any provision or term of these terms and conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be separated from the other terms and conditions and shall be deemed to be deleted from them.
14.3 All notices shall be given:
14.3.1 to us via email to sayhello@positivelamb.com; or
14.3.2 to you at the email address you provide when using the Site.
If you have any concerns about material that appears on the Site, please contact us using our general enquiry contact form or email sayhello@positivelamb.com.
Thank you for visiting the Positive Lamb website.
Last updated: July 18, 2024