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Terms and Conditions

Terms & Conditions

1. GENERAL

1.1 This website at www.icaewvolunteers.com (the Website) is owned and operated by the Institute of Chartered Accountants in England and Wales (“ICAEW”) and is made available to you on acceptance of the terms and conditions set forth below (the Terms). By accessing any part of the site and services you shall be deemed to have accepted these Terms in full. 

Icaewvolunteers.com is part of the ICAEW, which acts to provide an extended service to its members and the wider accountancy community. Members of the ICAEW (“Members”) will be encouraged to register with the volunteering service; however ICAEW will not be providing any potential organisation with access to membership information or the ability to harness this information without your prior knowledge. 

The sole function of the Website is to provide information and services to aid potential volunteers (the Volunteers) in their search for volunteering opportunities, and provide  potential organisations  (including, but not limited to: charities, community groups, schools and social enterprises who meet the standards of the social enterprise mark (Organisations) access to Volunteers. Any Volunteer or Organisation or other person accessing the Website may also be described as ‘you’ in these Terms.


1.2 ICAEW reserves the right to modify or remove any part of these Terms, including the related Privacy Policy, at any given time. Any changes will come into effect after notification has been displayed on our Website. If you are unwilling to accept the new or amended terms and conditions you must cease using the Website immediately. Continued use of the Website after notification of any changes has been made will be deemed as an acceptance of those changes. 

1.3 By using the Website you agree you will not attempt to take any action or use any software, device or routine (including but not limited to uploading or making available files containing corrupt data, viruses, virus, cancelbot, Trojan horse or worms) to damage, crash, delay, or otherwise interfere with the operation of the Website. 


1.4 These terms shall be governed by and construed in accordance with English Law and the courts of England shall have exclusive jurisdiction. 


2. LICENCE


2.1 The copyright, database right and other intellectual property rights in all materials on the Website, including but not limited to its text and content (including these Terms), photographs and graphical images, the Volunteers database, and the organisation and layout of the Website are owned by the ICAEW. Use of the Website does not give you any propriety rights in such materials. 

2.2 You may use, print and download extracts from this site or emails you have received from us for these purposes only and on the following basis:

  • use of all material/or the content of emails you receive is for information purposes and non-commercial use only; any copies of these pages saved to any storage medium or device may only be used for subsequent viewing purposes or to print extracts for personal use;

  • no materials on the Website are modified or interfered with in any way;

  • no graphics or photographs on the Website are used separately from accompanying text; and

  • any attached or embedded copyright or other ICAEW notices are not removed.

 2.3 No part of the Website or any emails you receive may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without ICAEW’s prior written permission. 

2.4 Any rights not expressly granted in these terms are reserved. 

3. SERVICE ACCESS

3.1 Whilst ICAEW shall use its reasonable endeavours to ensure that the Website is available 24 hours a day, we will not be liable if, for any reason, the Website is unavailable at any time or for any period.

3.2 Access to the Website may be suspended temporarily and without notice in a number of circumstances including but not limited to system failure, maintenance or repair or for reasons beyond the control of ICAEW. We may, additionally, alter the design and specifications of the Website at any time. 

4. LIABILITY 

4.1 The information contained on the Website or in Volunteer role advertisements and/or in any emails we send is to provide Volunteers with volunteering opportunities and information and Organisations access to Volunteers. You should neither act, nor refrain from action, on the basis of any such information which is for guidance only. You should take appropriate professional advice on your particular circumstances because the application of laws and regulations will vary depending on particular circumstances and because laws and regulations undergo frequent change. 

4.2 Whilst ICAEW shall use its reasonable endeavours to ensure that the information on the Website and in emails is correct, we shall not be liable for any errors, omissions or inaccuracy or any loss or damages (including, without limitation, damages for loss of business, data, revenue, savings or loss of profits or any special or consequential loss) arising in contract, tort or otherwise from the use of or inability to use the Website, or any information contained in it, or from any action or decision taken as a result of using the Website or any such information to the maximum extent permitted by applicable law.

In any event, you agree that ICAEW's aggregate liability for damages shall be £10,000. 

4.3 The Website or emails may contain material submitted to ICAEW by third parties. Third parties are responsible for ensuring that material submitted for inclusion on the Website complies with international and national law. ICAEW will not be responsible for any error, omission or inaccuracy in the material submitted by third parties and reserves the right to omit, suspend or change any material submitted. Any arrangements made between you and any third party named on the Website are at your sole risk and responsibility. 

4.4 Likewise, CVs, profiles and volunteering role advertisements contained on the Website are provided by Volunteers and Organisations and are not reviewed by us and we accept no responsibility or liability for their content; Volunteers and Organisations should carry out your own verification procedures as may be prudent in the circumstances.

4.5 Services and information provided on the site by ICAEW and third parties are intended to assist Volunteers in volunteering. Neither ICAEW nor third parties can guarantee their suitability or prospects in any particular case. Volunteers should obtain independent verification before relying on information provided on the Website in circumstances which may result in loss or damage. 

4.6 ICAEW accepts no responsibility for the availability or content on any site to which a hypertext link from the Website or any ICAEW/icaewvolunteers.com email exists. The links are provided on an as is basis and ICAEW makes no warranty, express or implied, for the information provided within them. 

5. VOLUNTEERS: Additional Terms

This section applies only to Volunteers

5.1 Volunteers are termed as individuals seeking volunteering opportunities and advice. The services provided by ICAEW for volunteers are free to use. At no point will we ask a payment from you, nor seek any credit card details or other payment details.

5.2 Registration: Volunteers are able to register at the Website and by doing so you acknowledge that you have accepted these Terms. You also agree that:

  • you are registering under your own name; and

  • you have provided ICAEW with accurate registration information

You must not post any incomplete, false or inaccurate biographical information or information which is not your own accurate resume. It is your responsibility to update any changes to that information. 

5.3 Username and Password: Each registration is for a single user only. On registering, Volunteers will be asked to provide your e-mail address and create a password. Your e-mail address and password then become your login details needed to access your Volunteer account on the Website. You are responsible for all use of the services provided by ICAEW on the Website using your login details and for preventing any unauthorised use of your login details. 

5.4 Applying to a role advertisement: Volunteers must register and complete your profile before you can apply for role advertisement displayed on the Website. Once the profile is complete Volunteers can choose whether you want your profile (and CV if you have uploaded one) to be made searchable via Organisations via the profile and Volunteers database. This choice is made by ticking the relevant options during the process of applying for a role.

5.5 Unauthorised use of Login details: If you believe there has been any breach of security such as the disclosure, theft or unauthorised use of your Login details, you must notify us immediately. If we reasonably believe that your Login details are being used in any way which is not permitted by the Terms, we reserve the right to suspend access rights immediately on giving notice to you and to block access from your Login details until the issue has been resolved. 

5.6 Uploading CVs: Volunteers will have the option of uploading your CV or other supporting documentation when completing your profile.

5.7 Use of Volunteer details: By registering with and applying for any role on the Website it will be deemed that you accept the Terms and our Privacy Policy. In addition, you understand that ICAEW may disclose to third parties certain information contained in your registration application in accordance with our Privacy Policy. This information will include a Volunteer’s contact details, which is necessary for Organisations to contact Volunteers. However, Volunteers do have the ability to limit the contact information a third party may receive to just your e-mail address and it is your responsibility to make this choice.




6. ROLE ADVERTISING

6.1 Access to upload role advertisements will be given after confirmation by the Organisations that they operate on a not-for-profit basis, this includes social enterprises who meet the standards of the social enterprise mark.  Organisations will not need to provide proof of being a not-for-profit organisation, but ICAEW reserves the right to suspend an organisation until such proof has been supplied upon request. The Website is not available to for profit organisations with the exception of Social Enterprises. It is then the responsibility of the Organisation to upload and manage your Volunteer advertisements. 


6.2 Services Provided: Volunteers and Organisations need to be aware that the Website operates as a platform to aid the volunteering process only and does not seek to introduce or supply Volunteers to Organisations or vice versa. ICAEW does not screen any applications, profiles or CVs to determine any Volunteer’s suitability for a role. 


To the extent that The Conduct of Employment Agencies and Employment Business Regulations 2003 apply to any of the services, if at all, it is recommended that if you are a Volunteer you undertake the steps set out in the Regulations to ensure your suitability for a role vacancy, if you are an Organisation, ensure a Volunteer’s suitability for the vacancy. 


Sections 7 – 11 below apply to Organisations only


7. TERMS OF BUSINESS: ORGANISATIONS


In this section, the following terms will have the meaning provided below:

  • “Customer” means any person, company, organisation or form which obtains Services from ICAEW related to the Website.

  • “Order Form” means an order for Services on a form provided by us (in any format) and signed by a Customer;

  • “Services” means, all volunteering products, advertisements, listings and other services made available through the Website;

  • “Job Credit/s’ mean the unit of volunteer role advertisements a Customer can purchase.

  • “Contract Month” means the calendar month commencing on the start date specified in the Order Form and ending the day before the same date in the next calendar month. For example, the calendar month commencing on 15 June and ending 14 July. All volunteer advertisements will expire at the end of the agreed period.

  • “Contract Term” means the full term specified on the Order Form and the length of time Services are provided.


7.1 Volunteer advertisements are obtained on a role credit basis (“Role Credit”). One Role Credit is for a volunteer advertisement that can be displayed for 12 weeks. A single volunteer advertisement is identified by its unique identification (ID) number. The Customer can choose to display a volunteering advertisement for a shorter duration; this information is displayed when uploading a volunteering advert to the Website. The Customer can, utilising further Role Credits, choose to display a volunteering advert for a longer duration. Once a Customer has used up all your Role Credits, they will be unable to upload any further volunteering advertisements and should contact ICAEW to obtain more role credits.



7.2 ICAEW may immediately terminate its Services to a Customer by giving the Customer written notice if the Customer does anything which in the reasonable opinion of ICAEW could damage the reputation of the Website, or otherwise bring the Website and the ICAEW into disrepute.


8. LIMITATION OF LIABILITY: ORGANISATIONS

 
Our total liability to the Customer in respect of any Services, expect for death or personal injury caused by our negligence, is limited to the total amount paid to us during the Contract Term for such Services or £10,000, whichever is the greater. 


9. SITE RULES: ORGANISATIONS


9.1 ICAEW and has rules regarding the content and format of volunteering advertisements posted on the Website. These may change from time to time. The purpose of these rules is to ensure that users who search the Website or the Volunteers database bring up results which are presented as clearly and informatively as possible. By using the Website for advertising, and finding suitable individuals for, Volunteer roles you agree that we may, at our discretion and without liability to you, remove from the Website any Volunteer advertisement which is posted in breach of these rules. The rules may change from time to time and you are advised to refer to them regularly. 

9.2 The rules are:

  • No posting of adverts for paid roles.

  • No posting by for-profit organisations (unless it is a social enterprise meeting the terms of the social enterprise mark).

  • No posting of duplicate roles by directly copying other adverts.

  • No deleting or revising any material posted by any other person or entity.

  • All volunteer advertisements placed on the Website must be for genuine volunteering opportunities only.

  •  No gratuitous use of keywords in any role description or titles. Gratuitous means deliberately inserting words, or strings of words, or repeating titles, with the intention of influencing position in the results listing, or increasing the number of page views.

  • No uploading of any content that is unlawful, harmful, threatening, abusive, harassing, libellous, and vulgar or materials which infringe or violate any third party’s copyright, trademark, trade secrets, privacy or other proprietary or property rights or that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law.

  • No impersonation of any person or entity, including, without limitation, a ICAEW employee or agent or an authorised user of ICAEW, a Volunteer, an Organisation, or otherwise misrepresenting your affiliation with any person or entity.

  • No posting or uploading of opinions, notice or advertisement, commercial or otherwise or the solicitation of business from Organisations who post on the Website, including any solicitation by any competitor Organisations who post on the Website.

 
10. USE OF THE VOLUNTEER DATABASE: ORGANISATIONS

10.1 Access to the Volunteer database will be given on confirmation to Organisations that operate on a not-for-profit basis which includes social enterprises who meets the standards of the social enterprise mark.   Organisations will not need to provide proof of being a not-for-profit organisation or a social enterprise, but ICAEW reserves the right to suspend an organisation until such proof has been supplied upon request. It is then the responsibility of the Organisation to manage your use of the Volunteer database and keep your login details confidential. ICAEW may deny access to login details to the Website if we reasonably believe that they are being used by an unauthorised person or that the user is in breach of these Terms.

As the Website acts as a platform to display Volunteer profiles, Organisations need to be aware that ICAEW does not screen these profiles in any way and is not responsible for determining a Volunteer’s suitability for a role. It must also be noted that any searching or screening tools provided by ICAEW for use in your assessment of the suitability or otherwise of any particular Volunteer or advertised role are to assist Organisations in taking these steps, but are not intended as a substitute. 

10.2 Rights in the database: Database rights and all other applicable copyright and intellectual property rights in the Volunteer database belong to ICAEW. By accepting these terms you acknowledge that you do not acquire any rights in the Volunteer database or its content and that your retention and use of the database and its content is governed by these Terms. 

10.3 Use of the database: By using ICAEW’s Volunteer database you agree to only use it to aid your search for suitable Volunteers for your voluntary roles. You agree to deal fairly and professionally with Volunteers from the Volunteer database and to not do anything which may bring the Website or the ICAEW into disrepute. You will indemnify ICAEW from and against any claim brought by a Volunteer against ICAEW arising from your breach of this obligation or any other of these Terms. 

11. DATA PRIVACY: ORGANISATIONS

11.1 For the purpose of this section:

  • “Data Protection Legislation” includes the General Data Protection Regulation (EU) 2016/679) (“GDPR”) and any national implementing laws, regulations and secondary legislation, as amended or updated from time to time, in the UK, as well as any successor legislation to the GDPR and the Data Protection Act 1998; and

  • “controller”, “data subject”, “personal data”, “processor”, “process” and “supervisory authority” shall have the meanings given to them in the Data Protection Legislation.

11.2 Use of Organisation personal data: Personal data processed by ICAEW is in accordance with our Privacy Policy.

11.3 Access to and use of the Volunteer database will be given after payment confirmation.

11.4 ICAEW and the Organisation shall comply with all requirements and obligations applicable to them under the Data Protection Legislation.

11.5 ICAEW and the Organisation shall each be considered an independent data controller in relation to the personal data contained on the Volunteer database and any other personal data provided by candidates to the Organisation, resulting from their use of the Website (“Candidate Personal Data”). You accordingly undertake to adhere to the terms of the Data Sharing Schedule.

11.6 Any breach of this section 11 by ICAEW, an Organisation will be a ‘material breach’ for the purpose of clause 12.1.1 (Termination).

11.7     It is then responsibility of the Organisation to manage any permitted use of the Volunteer database in compliance with the Data Protection Legislation and these Terms and to keep your login details confidential. ICAEW may deny access if it reasonably believes that the Volunteer database is being used by an unauthorised person or that the user is in breach of these Terms or there is a risk as to breach of any applicable laws.

11.8 You may not:

  • < > share, make available or sell any material contained in the Volunteer database to any other person (including another member of your group of companies/organisations) or otherwise extract from commercialise any such material or data save as permitted by these Terms;

    download the Volunteer database or copy any other content or listings on ICAEW through repeated access or any other automated means (e.g. “scraping”);

  • Create, store or use any derivative Volunteer database either of Volunteers or their profiles or any other information disclose to you, even if anonymised; or

  • Use Volunteer Personal Data or any other information gathered from the database, to contact Candidates for any purpose other than for fulfilling those volunteer vacancies posted by you on the Website.

12. TERMINATION: ORGANISATIONS

12.1 The Customer may terminate the provision of Services with no less than 30 days written notice to expire at the end of any Contract Month. Early termination by the Customer, before the end of the Contract Term, may result in loss of discounts and ICAEW may invoice for standard rate card for the utilised historic period.

Either party may terminate provision of Services immediately by giving written notice to the other party if that other party:

12.1.1 remains in breach of a material obligation for more than 14 days after the non-breaching party has given the party in breach a written notice specifying the breach and requiring its remedy; or

12.1.2 enters into liquidation or any composition with its creditors, or has a resolution passed to wind up (except for amalgamation or reconstruction) or has a receiver, administrator or administrative receiver appointed over all or any part of its assets; or ceases permanently to trade or threatens to do so.

12.2 Termination does not affect any accrued rights or obligations of either party.

13. ENTIRE AGREEMENT

13.1 These Terms constitute the entire agreement between you and ICAEW and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to any access or use of the Website.

13.2 You acknowledge that, in accessing or using the Website or in obtaining any Services, you do not rely on, and shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms. You agree that you shall have no claim for innocent or negligent misrepresentation based on any statement unless included in these Terms.

13.3 Nothing in this clause shall limit or exclude any liability for fraud.


©         Institute of Chartered Accountants in England and Wales, 2018

            All Rights Reserved

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