Note, these Terms of Service sit along site our broader Terms and Conditions.
You should read these Terms and Conditions carefully before confirming your selection on the Website, as by accepting them, you are confirming that you will comply with them.
If you have a complaint about our Services you can contact us at email@example.com for a copy of our complaints policy which provides further information.
1.1 In these Terms and Conditions, the following words and expressions have the following meanings:
“Account” means an account created by you in order to access the Services and set up an Organisation Profile on the Website;
“Charges” means the fees payable to Reach by an Organisation in consideration of its use of the Services, as confirmed to you when you wish to post roles on the Website from time to time. Details of the rate bands applicable from time will be available for you to review at any time at– https://reachvolunteering.org.uk/when-and-what-we-charge;
“Criteria” means the criteria which must be met by an Organisation in order to post roles on the Website. The specific criteria is set out here -- https://reachvolunteering.org.uk/our-criteria;
“Force Majeure Event” means any event or circumstance which prevents or delays a party from performing any of its obligations under these Terms and Conditions and which Reach cannot reasonably prevent, including but not limited to acts of God, power shortages, riot, civil commotion, strikes and industrial disputes, regulation or direction, pandemic or epidemic of any disease, cyber viruses and incidents of hacking and interruption of Website services;
“Organisation Profile” means the profile set up for your Organisation by which you post and promote volunteering opportunities, manage the recruitment process and connect directly with Volunteers;
“Services” has the meaning given to that term in clause 2.1;
“Terms and Conditions” means the terms and conditions relating to the Services as set out in this document or should these terms be set out on a web page as they are set out on this web page
“us” / “we” / “Reach” means Reach Volunteering, registered address 7 Bell Yard, London, England, WC2A 2JR (registered in England and Wales, under company number 1452482), charity number 278837 in England and Wales and charity number SC041623 in Scotland;
(a) any value added tax imposed by the Value Added Tax Act 1994;
(b) any tax imposed in compliance with the Council Directive of 28 November 2006 on the common system of value added tax (EC Directive 2006/112); and
(c) any other tax of a similar nature, whether imposed in the United Kingdom or a member state of the European Union in substitution for, or levied in addition to, such tax referred to in paragraphs (a) and (b) above, or imposed elsewhere.
“Volunteer” means an individual applying for volunteering opportunities on the Website;
“Volunteer Engagement” means the engagement entered into between a Volunteer and an Organisation following a successful Introduction;
“Website” means https://reachvolunteering.org.uk;
“you” / the “Organisation” means the organisation (including its employees and representatives) which posts volunteering opportunities on the Website.
1.2 all headings are for ease of reference only and will not affect the construction or interpretation of these Terms and Conditions;
1.3 references to a “person” include any individual, body corporate, association, partnership, firm, trust, organisation, joint venture, government, local or municipal authority, governmental or supra-governmental agency or department, state or agency of state or any other entity (in each case whether or not having separate legal personality);
1.4 references to any legislation or legislative provision will include any subordinate legislation made under it and will be construed as references to such legislation, legislative provision and/or subordinate legislation as modified, amended, extended, consolidated, re-enacted and/or replaced and in force from time to time;
1.5 any words following the words “include”, “includes”, “including”, “in particular” or any similar words or expressions will be construed without limitation and accordingly will not limit the meaning of the words preceding them and the ejusdem generis rule will not apply;
1.6 references to “in writing” or “written” include email.
2.1 Reach operates the Website which provides a platform to facilitate:
2.1.1 introductions between Volunteers and Organisations providing volunteering opportunities (excluding those introductions described in clause 2.1.3). Organisations who meet our Criteria may use the Website to post volunteering opportunities with Volunteers, and Volunteers may apply for those opportunities (“Introductions”);
2.1.2 the provision of specified support and development services and activities for Organisations; and
2.1.3 introductions between Volunteers and Organisations, specifically for trustee and governor roles, whereby Reach provides an external advertising campaign, promotion of the trustee or governor opportunity on a range of jobs boards and using Reach’s network of relationships and social media channels (“Self-Service Plus”); and
2.1.4 any other services more particularly described in Schedule 1; together (the “Services”).
2.2 For the avoidance of doubt, the Services do not include:
2.2.1 arranging any Volunteer Engagement; or
2.2.2 conducting any checks on Volunteers to verify their identity.
2.3 The Services are more particularly described in Schedule 1.
2.4 You acknowledge and agree that Reach acts only as a facilitator of Introductions and the undertaking of any volunteering will be agreed between the Volunteer and the Organisation under a separate legal arrangement. If any issues arise between the Volunteer and the Organisation during the Volunteer Engagement then both Volunteers and Organisations will have legal rights of redress directly against the other party and not against Reach.
2.5 You acknowledge and agree that Reach does not guarantee the identities of the Volunteers on its Website and Organisations should therefore take appropriate steps to ensure that they are comfortable dealing with the Volunteer they are being introduced to.
2.6 Upon acceptance of these Terms and Conditions by you online, and in consideration of the payment by you of the applicable Charges, Reach will provide the Services to you as described in these Terms and Conditions.
3.1 Reach will provide the Services using reasonable skill and care. Time will not be of the essence where we have stated on the Website that any specific actions will be performed within a specific time period.
3.2 Please note that the Introduction element of our Services provides no guarantee that an Organisation will find an appropriate Volunteer in response to a request post.
3.3 Unless expressly stated otherwise in these Terms and Conditions, all warranties, conditions and other terms implied by law (whether by statute, common law or otherwise) are excluded from these Terms and Conditions.
4.1 You warrant to Reach that your performance under the Volunteer Engagement will be performed by you and any individual acting on your behalf with due care and diligence, with integrity and to such high standard of quality as it is reasonable for the Volunteer to expect in all the circumstances.
4.2 You must at all times:
4.2.1 co-operate with us in all matters relating to the Services;
4.2.2 provide, in a timely manner, such information as we may reasonably require, and ensure that the same is accurate and complete in all material respects;
4.2.3 comply with all laws, guidance and regulations that apply to the Organisation (including, without limitation, those relating to data privacy, consumer law, and health and safety);
4.2.4 comply with all applicable laws, statutes, regulations and codes relating to anti-bribery and anti-corruption including but not limited to the Bribery Act 2010;
4.2.5 ensure that any website that is contained in or shared via your Organisation Profile on the Website complies with all applicable laws, guidance and regulations;
4.2.6 comply with these Terms and Conditions;
4.2.8 comply with any vetting requirements that we may impose on you from time to time;
4.2.9 comply with all policies and requirements as specified on the Website, as updated by us from time to time;
4.2.10 meet any Criteria required by Reach in order to use the Services;
4.2.11 inform Reach of the outcome of all volunteering applications; and
4.2.12 make it clear to Volunteers that any subsequent work provided by them to you is part of a separate Volunteer Engagement and is not provided under these Terms and Conditions.
5.1 We will provide the Services to you in consideration of you paying the Charges (as confirmed to you when selecting which of the Services you require). This will be confirmed to you before you accept these Terms and Conditions, as well as via email. VAT shall be payable in addition to the Charges.
5.2 Payment for the Services is in advance. We will take your payment prior to posting a volunteering opportunity on the Website upon submission of your role, by way of debit or credit card via the Stripe payment platform.
5.3 We will send you an electronic invoice with details of the Charges and how to pay via Stripe within five working days of you accepting these Terms and Conditions. Please note that you will not be able to receive any Services unless and until we have received the Charges in full.
5.4 If the Organisation disputes any part of an amount invoiced by Reach the Organisation must raise a dispute at firstname.lastname@example.org within 24 hours of receiving the invoice pursuant to clause 5.2 above.
5.5 In the event of a dispute, Reach shall seek to resolve the dispute with you before any further escalation by Reach. For the avoidance of doubt, Reach shall be entitled to suspend access to the Website and the Services until such time as the Charges have been paid.
5.6 You are not entitled to an automatic refund under these Terms and Conditions. Any refunds, if applicable, will be negotiated on a case-by-case basis. If you have any concerns regarding the Services, contact us at email@example.com.
6.1 The property and any copyright design rights or other intellectual property rights in any material, data or other information provided to you by Reach, including all information and content on the Website, (subject to any such rights of any third party) belong (or continue to belong) to Reach.
6.2 You must not use Reach’s name, trademarks, service marks or logos for any promotional or publicity purposes without our express written consent.
8.1 As provided for in clause 2 above, you acknowledge that you remain liable to Volunteers in relation to the Volunteer Engagement and that Reach may suffer reputational damage if you do not perform your obligations under these Terms and Conditions. You hereby agree to indemnity Reach in full against all losses, liabilities, costs, damages and expenses that we do or will incur or suffer, all claims or proceedings made, brought or threatened against us by any person (including a Volunteer) and all losses, liabilities, costs (on a full indemnity basis), damages and expenses we do or will incur or suffer as a result of defending or settling any such actual or threatened claim or proceedings, in each case arising out of or in connection with your breach of your obligations under these Terms and Conditions.
9.1 Subject to clause 9.2 below, Reach will have no liability to you for any:
9.1.1 loss of profit (whether direct, indirect or consequential);
9.1.2 loss of use, loss of revenue, loss of production or loss of business (in each case whether direct, indirect or consequential);
9.1.3 loss of goodwill, loss of reputation or loss of opportunity (in each case whether direct, indirect or consequential);
9.1.4 liability you may owe to any third party (whether direct, indirect or consequential);
9.1.5 loss of use or value of any data or software (whether direct, indirect or consequential);
9.1.6 wasted management, operational or other time (whether direct, indirect or consequential);
9.1.7 loss of use or value of any data or software (in each case whether direct, indirect or consequential); or
9.1.8 indirect or consequential loss.
9.2 For the avoidance of doubt, Reach shall have no liability to an Organisation for any losses suffered as a result of dealings between the Volunteer and the Organisation during the Volunteer Engagement. Any right of legal redress shall solely be between the Volunteer and the Organisation.
9.3 Subject to clause 9.4 below, Reach’s maximum aggregate liability under these Terms and Conditions will be limited to the greater of (i) £100; or (ii) twice the value of the Charges paid by the Organisation to Reach in the previous 12 months.
9.4 Nothing in these Terms and Conditions will operate to exclude or restrict any liability of either you or us:
9.4.1 that cannot be excluded or restricted in these Terms and Conditions in respect of death or personal injury resulting from negligence;
9.4.2 for its fraud or fraudulent misrepresentation or fraud or fraudulent misrepresentation by a person for whom it is vicariously liable; or
9.4.3 for any matter for which it is not permitted by law to exclude or limit, or to attempt to exclude or limit, its liability.
10.1 Any information provided by Reach or concerning Reach’s affairs shall be kept confidential unless:
10.1.1 such documentation, materials, data or other information is accessible in the public domain; or
10.1.2 a disclosure of such information is required by law or regulatory authority.
11.1 Without affecting any other right or remedy available to us, Reach at its own discretion may suspend or terminate your access to the Services under these Terms and Conditions with immediate effect by giving you notice if:
11.1.1 you fail to pay the Charges due to us;
11.1.2 you fail to comply with your obligations in clause 4;
11.1.3 we receive a disproportionate number of complaints and/or any serious complaints (as determined by us in our sole discretion) about your Organisation on the Website;
11.1.5 we consider, at our sole discretion, that your registration (and ongoing registration) as an Organisation on the Website to be detrimental or potentially detrimental to the reputation of Reach;
11.1.6 we consider, at our sole discretion, that you are acting in a manner that may result in Reach suffering reputational damage; or
11.1.7 you are subject to an investigation by a competent regulatory authority, including without limitation, the Information Commissioner, the Charity Commission, the Competition and Markets Authority or Trading Standards.
11.2 Without affecting any other right or remedy available to either of us, either you or we may terminate these Terms and Conditions with immediate effect by giving notice to the other if:
11.2.1 the other party commits a material breach of any term of these Terms and Conditions;
11.2.2 the other party takes any step or action in connection with its entering administration, provisional liquidation or any composition or arrangement with its creditors (other than in relation to a solvent restructuring), being wound up, having a receiver appointed to any of its assets or ceasing to carry on its business;
11.2.3 the other party suspends, or threatens to suspend or cease or threatens to cease to carry on all or a substantial part of its business; or
11.2.4 the other party’s financial position deteriorates to such an extent that it in the terminating party’s opinion the other party’s capability to adequately fulfil its obligations under these Terms and Conditions has been placed in jeopardy.
11.3 In the event that an Organisation wishes to terminate its access to the Services under these Terms and Conditions for convenience, you may do so by notifying us immediately so that we may withdraw your Account and Organisation Profile from the Website, and you may be entitled to a pro-rata refund of the Charges paid, but this will be subject to Reach being entitled to recover any sums incurred as a result of your termination.
12.1 In the event of termination as described in clause 11 above:
12.1.1 your access to the Services, including your access to your Account will end immediately;
12.1.2 your Organisation Profile will be unpublished and no longer visible to other users of the Website; and
12.2 If you terminate this agreement in accordance with clause 11.2 or clause 11.3 and if we receive notice of the termination within 14 days of using our Services, you may be entitled to a refund of any Charges paid in connection with the Services.
12.3 If we receive notice of termination after 14 days of you paying the Charges for the Services then any request for a refund of the Charges must be submitted to Reach at firstname.lastname@example.org.
13.1 Reach will not be in breach of these Terms and Conditions or otherwise liable to you for any failure to perform or delay in performing its obligations under these Terms and Conditions to the extent that such failure or delay is due to a Force Majeure Event.
14.1 These Terms and Conditions are personal to you and you will not assign or transfer or sub-contract any of your rights or obligations without our prior written consent.
14.2 Any notice required or permitted to be given by either party to the other under these Terms and Conditions are to be in writing addressed to the other party at its trading address or such other address as may at the relevant time have been notified to the other party.
14.3 Nothing in these Terms and Conditions is intended to, or shall be deemed to, establish any partnership or joint venture between the parties, constitute one party the agent of the other party, or authorise a party to make or enter into any commitments for or on behalf of the other party. The parties acknowledge and agree, that each of them is an independent contractor, and nothing in these Terms and Conditions shall render either party (nor any staff of a party) an employee of the other.
14.4 If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the remainder of the provisions in question shall not be affected.
14.5 These Terms and Conditions will be governed by English and Welsh law and shall be subject to the exclusive jurisdiction of the courts of England and Wales.
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