I. Introduction

This Code of Conduct and Terms of Use (collectively referred to as the “Code”) will apply to each subscriber who wishes to use the Go Help Website and any Website within the Charity Rallies network(the “Websites”) and/or participate in its discussion groups (“Subscriber”).

Each Subscriber must comply and adhere to this Code in order to access and use the Websites or participate in any discussion group or create any content on the Websites.

In order to use and participate in the Websites, all Subscribers must accept this Code by acknowledging that they have read this document upon registering for a user account. Upon such acceptance, each Subscriber will be given a unique username for participation in discussion groups (which will, for the purpose of security, be monitored and tracked by the “Overseer”).

1. Basic Requirements

Each Subscriber and any material which he/she posts onto the Website or to its discussion groups (“Material”) must comply with the following basic standards:

(a) All information and activities must be legal, decent and honest (in terms of English law and standards);
(b) English Law Data protection legislation must be adhered to in order that the collection of personal information is not traded or disclosed illegally;
(c) Distance selling requirements must be complied with as laid down in English law;
(d) Other applicable trading standards and laws and regulations as the same are created from time to time and notified to Subscribers direct and on the Websites.

2. Specific Responsibilities of Subscribers

(a) Each Subscriber is solely responsible for the accuracy, legality, currency and compliance of its own Material and will be solely liable for false, misleading, inaccurate, infringing or other actionable material contained or referred to therein.
(b) Each Subscriber is solely responsible for maintaining the confidentiality of its unique Username, and for its use. As traffic on this Website and in the discussion groups is monitored, evidence of use of the Username can be produced to support or defend any dispute or actionable cause or matter which arises in relation to the same.
(c) Where Subscribers collaborate with one another as a result of use of this Website or the discussion groups, they do so as independent contracting parties. Subscribers acknowledge that the Website Owner will not in any way be construed as a party to such collaboration nor be liable nor responsible in any way for the dealings of such collaboration or the parties to such collaboration.

3. Responsibilities of Go Help (the “Website Owner”)

(a) The Website Owner will confirm the identity of Subscribers before a Username is given for any Subscriber posting Material on the Websites.
(b) The Website Owner will manage and oversee the Websites and discussion groups and will appoint an Overseer(s) for such purpose. This appointee will also be responsible for administering the Complaints and Sanctions Procedure specified in Section 4 below.

4. Complaints and Sanctions Procedure

(a) The Website discussion group is a self-regulatory facility for Subscribers only and any complaint by a Subscriber will, in the first instance, be referred to the Website Overseer, who shall have all the powers of an arbiter.
(b) The Website Overseer will deal with complaints expeditiously and where necessary, call upon evidence of the applicable Subscribers in dispute.
(c) Sanctions available to the Overseer will include the following:
(i) suspending or expelling the username of the guilty Subscriber ;
(ii) referring the matter to the appropriate law enforcement agency, where the dispute is of a criminal or illegal nature;
(iv) referring the matter to a court of competent jurisdiction if the dispute necessitates the same (e.g requires an interdict/injunction, seizure or similar judicial measure).

5. Indemnity and Waiver

(a) Each Subscriber agrees to indemnify and keep indemnified the Website Owner, their successors and assigns, and each of their respective trustees, directors, officers, employees, agents and volunteers (collectively “Website Owner”) from and against any and all liability, damages, losses, claims (including reasonable legal fees) resulting in any way from its use of and from any Material posted on the Websites, to its discussion groups or from any other matter relating to its participation herein including but not limited to use of the information contained on the Website, from discussion groups or arising from any introduction or collaboration resulting therefrom or otherwise arising from using the Website.
(b) Each Subscriber waives any right to bring any claim or action against the Website Owners for any loss, damage or injury arising from use of the Website or any Material from the Website or from this Code.

6. Exclusion of Warranties and Liability

(a) The Website Owners do not warrant the content, accuracy or veracity of any Material [or other information] on the Website, the responsibility for which rests with each of the Subscribers as specified in Section 2 above.
(b) Each Subscriber accepts the Website “AS IS” with any faults or failings and without any representation, warranty or guarantee whatsoever, express or implied, including without limitation any implied warranty of accuracy, completeness, quality, merchantability, fitness for a particular purpose or non-infringement.
(c) In no event will the Website Owners be liable for any injury, loss, claim, damages or any special, incidental, consequential, exemplary or punitive damages of any kind arising out of or in connection with any Subscriber’s access to, or use of the Website, any Material thereon or any goods, materials or services available therefrom, whether based in contract, tort and whether negligent or otherwise, even if any Website Owner has been advised of the possibility of such damages.

7. Term and Termination

Each Subscriber agrees to remain bound by this Code (as amended from time to time) for as long as they remain a Subscriber of the Websites and wishes to use the Websites unless the Website Owner or the Website Overseer earlier terminates, suspends or otherwise limits access to the Website and/or discussion group in accordance with Section 4 above or as it otherwise deems is appropriate.

8. Applicable Law

Each Subscriber agrees that this Code and any dispute arising in any way in relation to the Websites will be governed by and construed in accordance with the applicable laws of England & Wales.

9. General

(a) In the event that any provision in this Code is determined to be unenforceable or invalid, such provision shall be severed and the remaining provisions which shall be enforceable to the fullest extent permitted by the Applicable Law.
(b) This Code represents the entire agreement between Subscriber and the Website Owner relating to the subject matter hereof, and supersedes any prior understanding or agreements regarding the Website.