Web Site Terms and Conditions of Use

These terms and conditions apply to your use of the Internet Web Site located at www.genfound.org (the "Web Site"). This is a legal agreement. It grants you certain rights and imposes certain obligations on you in connection with your use of the Web Site. You should read this document carefully.

By accessing the Web Site (or any part of it) you agree that you have read and accept these terms and conditions including, without limitation, the exclusions and limitations of liability set out in Clause 5.5. If you do not agree, do not use the Web Site.

The pages on the Web Site have been issued by the Generation Foundations. The term "the Generation Foundations", as the context may so require, applies to:

the Generation Foundation, a US charity is based at One Bryant Park, 48th Floor, New York, NY 10036 United States of America: and
The Generation Foundation a UK charity is based at 20 Air Street, London W1B 5AN
It is your responsibility to be aware of and to observe all applicable laws and regulations regarding your use of the Web Site for your country of residence.

 

1. Scope of Agreement

1.1

This agreement (the "Agreement") governs your use of the Web Site which is made available to you by one or other Generation Foundations, also referred to as "us", "we" or "our".

1.2

There may be, in addition, further notices on the Web Site itself, which will operate in addition to the terms and conditions of this Agreement. All of these notices will be brought to your attention when you first visit the relevant section of the Web Site and you will be asked to accept them. If you do not accept them, you will not have access to all areas, information or services displayed on the Web Site.

1.3

The Web Site will be made available to you free of charge in consideration of your acceptance of the terms of this Agreement.

1.4

Nothing contained on any part of the Web Site constitutes investment, legal, tax or other advice nor is to be relied upon in making an investment or other decision. You should obtain relevant and specific professional advice before making any investment decision. The information and opinions contained on the Site are provided without any express or implied warranty.

 

2. Changes

2.1

We reserve the right to make changes to this Agreement from time to time. Any changes to the Agreement will be posted here.

Should you continue to use the Web Site after changes have been posted here, you will be deemed to have accepted them.

 

3. Liability

3.1

The information published on the Web Site is provided for general information purposes only and should not be used as a basis for making investment or business decisions. We make no representation and give no warranties (express, implied or statutory) as to the accuracy, completeness or currency, or as to the fitness for any purpose of any of the information provided on the Web Site and it should not be relied upon as such. We accept no responsibility to update any information on the Web Site.

3.2

While the Generation Foundations make reasonable efforts to obtain information from sources that they believe to be reliable we make no representation that the information or opinions contained in the Web Site are accurate or reliable or complete. The information and opinions contained in the Web Site are provided solely for informational purposes only and are subject to change without notice.

 

4. Links to other Web Sites

4.1

You may be able to link to other Web Sites which are owned and operated by third parties ("Third Party Web Sites") from the Web Site by means of hyperlinks. Some of these Third Party Web Sites may be "framed" within the Web Site while others will open in separate windows. In each case, you should be aware that the Third Party Web Sites are independent of the Web Site and we have no control over them or their content.

4.2

Your use of any Third Party Web Site may be subject to specific legal terms and conditions which apply to those Web Sites. Third Party Web Sites are not subject to the terms of this Agreement or any other notices published on the Web Site.

4.3

The inclusion of any hyperlinks to Third Party Web Sites in the Web Site does not mean that we approve or endorse those hyperlinks or Third Party Web Sites. We accept no liability for any statements, information, products (including, without limitation, software) or services that are published on or may be accessible from Third Party Web Sites.

4.4

Where you leave the Web Site and visit a Third Party Web Site by means of hyperlinks made available on the Web Site, and if you provide personal information about yourself on that Third Party Web Site which can identify you, it may be technically possible for the person who operates that Third Party Web Site to deduce that you are one of our clients or a visitor to our Web Site due to the nature of the Internet. You hereby accept the possibility that third parties may obtain such information about you when you link to Third Party Web Sites and submit personal information about yourself on those Third Party Web Sites.

 

5. No Warranties

5.1

The Web Site is provided "as is" and we give no warranties in respect thereof. Specifically, but without limitation, we do not warrant that:

(i) You will be able to use the Web Site or that it will continue to be made available in its current or any other form at the current domain name or any other domain name;

(ii) The Web Site or any software or material of whatsoever nature available on or downloaded from it will be free from viruses or defects, compatible with your equipment or fit for any purpose. It is your responsibility to use suitable anti-virus software on any software or other material that you may download from the Web Site and to ensure the compatibility of such software or material with your equipment; or

(iii) News, prices, opinions and other information on the Web Site are accurate or complete.

5.2

Any warranties which would otherwise be implied by law (including, without limitation, warranties as to satisfactory quality, fitness for purpose or skill and care) are hereby excluded to the fullest extent permitted by law.

 

6. Security

6.1

You should be aware that the Internet is not a completely reliable transmission medium. If you choose to send any electronic communications to us by means of the Web Site, you do so at your own risk and we cannot guarantee that such communications will not be intercepted or changed or that they will reach the intended recipient safely.

6.2

Although we use all reasonable endeavours to ensure the Web Site is secure from attacks (such as "hacking"), we cannot guarantee that any information displayed on the Web Site has not been changed or modified through malicious attacks.

 

7. Limitation of Liability

7.1

It is a condition of our allowing you free access to the Web Site that neither we nor any of our affiliate companies will be liable to you, whether for negligence, breach of contract, misrepresentation or otherwise, for any direct, indirect or consequential damage suffered by you (including, without limitation, loss of goodwill, business opportunity, anticipated savings) or for loss of profit or loss of data, arising from:

(i) Your use of the Web Site or any software or materials provided on or downloaded from the Web Site;

(ii) Any computer virus transmitted through the Web Site;

(iii) Your inability to use the Web Site at any time and any error in the provision of the Web Site;

(iv) Any delay in or failure of the transmission or the receipt of any instructions or notification sent through this Web Site;

(v) Your use of e-mail communications to contact or instruct us (including, without limitation, any delay in our receipt or confirmation of such a communication, any interception of or changes to such a communication and any reasonable delay in acting on such a communication);

(vi) Your use of and/or reliance on third party Web Sites to which you have gained access by means of hyperlinks published on the Web Site; or (vii) any inaccurate information or opinions published on the Web Site or your reliance thereon.

7.2

Nothing in these or any other terms and conditions governing your use of the Web Site shall operate to exclude or restrict our liability for (1) fraud; or (2) death or personal injury resulting from our, or our employees', negligence.

 

8. Web Site Integrity

You may not upload, post or transmit to or distribute or otherwise publish through the Web Site any materials which (i) restrict or inhibit any other user from using the Web Site, (ii) are threatening, abusive, defamatory, obscene, offensive, or otherwise unlawful, (iii) constitute or encourage conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate law, (iv) infringe the rights of third parties, (v) contain a virus or other harmful component, (vi) contain advertising of any kind, or (vii) constitute or contain false or misleading indications of origin or statements of fact.

 

9. Email Communications

9.1

Any e-mail communications made by you to us either through the Web Site or otherwise shall take effect when they are actually received by us if sent to the relevant e-mail addresses published on the Web Site.

9.2

We may act on any instruction or other communication, whether made by e-mail or otherwise, if we believe in good faith it has been given or sent by you or on your behalf. In the interests of security we may (if we determine it to be necessary and without having first sought your express permission) telephone you to confirm or authenticate any instructions received from you by e-mail or other method of communication.

9.3

There may be delays in executing any instructions that you send to us by means of e-mail. For example, your e-mail may be received by us outside normal business hours, in which case we will only act thereon as soon as may be practicable during the next business day.

9.4

You should be aware that all information or instructions e-mailed to us will be acted upon off-line and will not be processed or fulfilled automatically. This means that your information or instructions will not necessarily be processed or fulfilled or acted upon immediately and in some cases there may be a significant delay before processing or fulfilment of them.

 

10. Privacy Policy

10.1 General Policy

We respect the privacy of every individual who visits the Web Site. In dealing with us you may provide us with personal information about yourself. The purpose of this statement is to set out the principles governing our use of personal information that we may obtain about you. By using the Web Site you consent to the use of your personal information in accordance with the terms of this Clause.

10.2 Collection and use of personal data

10.2.1
We will only obtain personal data from you for specified and lawful purposes and any personal data which we obtain will be processed fairly and lawfully.

10.2.2
We collect personal data for use in the normal course of our business. We may collect personal data from you through the Web Site when you contact us for further information. The personal data which we collect will be processed for the purpose of fulfilling such requests or orders. It may also be held and processed by us for general research, administrative purposes and for the general development of our business.

10.2.3
We may, from time to time, send you further information relating to our events or services which we feel may be of interest to you. You may notify us at any time if you wish to cease receiving this further information by contacting your usual contact or by emailing info@generationim.com.

10.2.4
As a means of processing your personal data for the purposes set out above, we may, if deemed appropriate, send the information which you provide to us to other members of the GenerationIM group, in addition to the Generation Foundations, and/or any of their subsidiaries and related companies or partnerships located anywhere in the world where we do business. This may include companies, offices or data centres outside the European Economic Area. In certain cases your information may be passed to companies who process data on behalf of us, our advisers, financial intermediaries and credit reference agencies with which we work. Where we pass data to third parties we ensure that appropriate confidentiality arrangements are in place.

 

11. Use of Cookies

11.1

When you visit the Web Site, we may collect information about you which may not personally identify you but which may be helpful for improving the operation of the Web Site. Such information may be collected through "traffic data" and may entail the use of "cookies", "IP addresses" or other numeric codes used to identify your computer.

11.2

The servers hosting the Web Site automatically record certain information about you when you use the Web Site, including details of your domain name, IP address, operating system and browser. We may use this information to understand who has seen which pages in order that we can monitor and improve our Web Site. We may use cookies or other similar text files or programs when you visit certain parts of the Web Sites. A cookie is a small file which is sent to your browser and helps us to understand your use of the Web Site and enables you to access, navigate and use the information and services provided on the Web Site. You have the right to prevent the use of cookies. For information about blocking the use of cookies, please refer to the instructions/help screen on your internet browser. Please note that if you block cookies you may not be able to access certain online information or services provided on the Web Site.

 

12. Accuracy and security

12.1

We will take all reasonable steps to keep your personal information accurate and, where necessary, up to date. If you believe that any of the information that we hold about you is incorrect please notify your usual contact or email info@generationim.com.

12.2

We implement various security measures in relation to our processing and transfer of personal data. However, the nature of the internet is such that the data may in some circumstances flow over networks without full security measures and could be accessible to unauthorised persons and we cannot guarantee the security of any data you disclose online. You accept the inherent security risks of providing information online over the internet.

 

13. Your rights

13.1

We will take all reasonable steps to retain data only for the duration of the purpose for which it was obtained. When requested to do so, we will delete personal information from current operational systems where it is no longer required. We may need to continue to hold some details about you after your relationship with us has ended, for example for legal and regulatory reasons.

13.2

You have the right to receive information about the personal data (as defined in the Data Protection Act 1998) that we hold about you (a fee may be payable). You should also note that, under data protection laws, in certain circumstances you are entitled to object to the processing of your personal data and have certain rights of access, rectification and/or removal of your personal data. To exercise these rights you should write to us or email info@generationim.com.

 

14. Changes to our Privacy Policy

Any changes to this Privacy Policy will be posted here, so please check our Privacy Policy each time you visit the Web Site.

 

15. Intellectual Property Rights

15.1

All text, artwork, photographs, layouts and other content made available on the Generation Foundations website (“the Website”) and associated intellectual property rights, including copyright, and are owned by the Generation Foundations or used with permission. The content is provided to you for general, non-commercial purposes only. Although we endeavour to ensure that the content is accurate and up to date, the Generation Foundations accept no responsibility for loss or damages arising from reliance on information contained in the Website or other sites that may be linked to or from the Website from time to time. Unless otherwise stated, all content on the site is licensed to you under the Creative Commons Attribution-NonCommercial 3.0 Unported licence (http://creativecommons.org/licenses/by-nc/3.0/). This means that you are free to share the content by copying, distributing, and transmitting it, and you may produce derivative works from the content, but you may not make commercial use of it and you must always attribute it to the Generation Foundations. You must always make reference to the Creative Commons Attribution-NonCommecial 3.0 Unported licence with your use of the Content and retain any other copyright or proprietary notices or other licensing information specified by the Generation Foundation.

15.2

You may view the Web Site and you are welcome to print hard copies of material on it for your personal, non-commercial use.

 

16. Severability

If any part of the Agreement is determined by any competent authority to be invalid, unlawful or unenforceable to any extent, it shall to that extent be severed from the remainder of the Agreement, which shall continue to be valid and enforceable.

 

17. Assignment

You shall not assign or transfer or purport to assign or transfer any of your rights or obligations under this Agreement without our prior written consent. We shall be entitled to assign or transfer all or any of our rights and/or obligations under this Agreement to any of our subsidiaries and related companies or partnerships located anywhere in the world without requiring any further consent from you.

 

18. No Waiver

The failure to exercise or delay in exercising a right or remedy provided by this Agreement or by law does not constitute a waiver of the right or remedy or a waiver of other rights or remedies. No single or partial exercise of a right or remedy provided by this Agreement or by law prevents further exercise of the right or remedy or the exercise of another right or remedy.

 

19. Governing Law

The Agreement is governed in accordance with the laws of England and Wales. The courts of England and Wales shall have non-exclusive jurisdiction over any dispute arising out of your use of the Web Site or the Agreement and you hereby submit to the jurisdiction of the courts of England and Wales.