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These Terms and Conditions and our Privacy and Cookies Policy govern your use of the Tesco BackIt website (Site) and your relationship with Tesco Stores Limited (Tesco, we or us or our). Please read them carefully as they affect your rights and liabilities under the law. If you do not agree to these Terms and Conditions and/or our Privacy and Cookies Policy, please do not register for or use the Site. By using the Site you agree to be bound by these Terms and Conditions and our Privacy and Cookies Policy.
Please note that to use any of the services provided on the Site, you are required to register as an authorised user on the site (Registered Member). Registered Members (including Backers as defined below) and other visitors to the Site are referred to as “Users” collectively in these Terms and Conditions.
The Terms and Conditions are set out in 4 parts. Part A applies to all Users, whether you are a Registered Member or just visiting the Site. Part B applies to Registered Members only. Part C applies to Backers (as defined below) and Part D sets out the terms that apply between Backers and Businesses (as defined below).
We may update these Terms and Conditions from time to time and any changes will be notified to you via the e-mail address provided by you on registration or via a suitable announcement on the Site. The changes will apply to the use of the Site after we have given notice. If you do not wish to accept the new Terms and Conditions you should not continue to use the Site. If you continue to use the Site after the date on which the change comes into effect, your use of the Site indicates your agreement to be bound by the new Terms and Conditions.
The Site is an online rewards-based crowd funding platform. Registered Members that wish to participate in the crowd funding process (Backers) can place online promises to donate (Pledges) through the Site to support individuals or organisations (Businesses) in undertaking and completing a specific project (Project). Businesses may provide Backers with products, services or other rewards as gifts (Rewards) in return for their support of a Project.
Businesses decide the amount they want to raise (Funding Target) during the 45 day funding period (Funding Period), the aims of their Project (Project Aim) and the Rewards that Funders may receive.
If the total value of Pledges as at the end of the Funding Period meets or exceeds the Funding Target, the Project will be “Fully Funded”. The Backer will be charged in accordance with their Pledge and the funds (less the payment processing fee) will be transferred to the relevant Business. The Business will then commence the Project.
If the total value of Pledges as at the end of the Funding Period is less than the Funding Target the Project will not be Fully Funded and will be cancelled. In the event that a Project is cancelled, Backers will not be charged and Businesses will not receive any funds whatsoever, and neither the Project nor any Rewards will be delivered.
The content of the Site is protected by copyright, trade marks, database and other intellectual property rights. You may retrieve and display the content of the Site on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You shall not otherwise reproduce, modify, copy, distribute or use for commercial purposes any of the materials or content on the Site without written permission from Tesco.
No licence is granted to you in these Terms and Conditions to use any trade mark of Tesco or its affiliated companies including, without limitation, the trade marks TESCO, TESCO.COM, TESCO CLUBCARD and TESCO BACKIT.
By submitting information, text, photos, graphics or other content to Tesco via the Site (Content), you grant us a right to use the Content at our own discretion in any media including, without limitation, to edit, copy, reproduce, disclose, post and remove Content from the Site.
You shall not use the Site for any of the following purposes:
Tesco reserves the right to refuse to post material on the Site or to remove material already posted on the Site.
Although Tesco aims to offer you the best service possible, Tesco makes no promise that the Site will meet your requirements. Tesco cannot guarantee that the Site or the services it provides via the Site will be fault free. If a fault occurs you should report it to our Customer Services team (see below for contact details) or by email to firstname.lastname@example.org and we will attempt to correct the fault as soon as we reasonably can.
Your access to the Site may occasionally be restricted to allow for repairs, maintenance or the introduction of new facilities or services. Tesco will attempt to restore the Site as soon as it reasonably can.
This Site is provided to you free of charge. It is provided on an ‘as-is’ basis. We do not guarantee availability of the Site nor that it will meet your requirements.
Nothing in these Terms and Conditions shall exclude Tesco’s liability for personal injury or death caused by its negligence or the negligence of Tesco’s employees and agents. Tesco does not seek to exclude liability for fraudulent misrepresentation by Tesco or its employees or agents. For clarity, neither Businesses or Backers are agents of Tesco.
You have certain rights as a consumer under the law, including that Tesco will provide the services with reasonable skill and care and within the time specified (or if no time has been expressly specified, within a reasonable time). You have certain legal remedies if Tesco breaches any of these rights. To the extent that any of those rights or remedies apply to the provision of this free website, nothing in these Terms and Conditions is intended to affect these legal rights. For more information about your legal rights contact your local Citizens Advice Service or Trading Standards Service.
If Tesco breaches these Terms and Conditions Tesco shall only be liable for losses which are a reasonably foreseeable consequence of such a breach. Losses are foreseeable where they could be contemplated by you and Tesco at the time of entering into this agreement.
If the digital content Tesco supplies causes damage to your device or to other digital content on that device and the damage is of a kind that would not have occurred if Tesco had exercised reasonable skill and care in supplying the content, you are entitled to have the damage repaired within a reasonable time and without significant inconvenience or to be compensated with an appropriate payment. Any such repair or compensation shall be limited to £3,000 (three thousand pounds sterling).
Tesco is not responsible for:
We may provide links to other websites from time to time (via advertising or otherwise). You acknowledge that:
You may establish links to the Site provided:
Part of the Site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Site complies with relevant laws and codes. We will not be responsible for any error or inaccuracy in advertising and sponsorship material.
We may contact you via text message, based on any feedback you give on the Site, in order to hear more about your experience of the Site.
We will do our best to resolve any disputes regarding these Terms and Conditions. If you wish to take court proceedings against Tesco, you must do so within the United Kingdom. Relevant United Kingdom law will apply.
Tesco makes no promise that materials on the Site are appropriate or available for use in locations outside the United Kingdom, and accessing the Site from territories where its contents are illegal or unlawful is prohibited. If you choose to access this site from locations outside the United Kingdom, you do so on your own initiative and are responsible for compliance with local laws.
You may not assign, sub-license or otherwise transfer any of your rights under these Terms and Conditions.
If any part of these Terms is disallowed or found to be ineffective by any court or regulator, the other provisions shall continue to apply.
If you breach these Terms and Conditions and Tesco ignores this, Tesco will still be entitled to use its rights and remedies at a later date or in any other situation where you breach the Terms and Conditions.
Tesco shall not be responsible for any breach of these Terms and Conditions caused by events beyond its reasonable control.
These Terms and Conditions are not intended to give rights to anyone except you and Tesco. This does not affect Tesco’s right to transfer this agreement.
In registering as a Registered Member, you confirm that:
When you register to use the Site you will be asked to create a password. You must keep this password confidential and must not disclose it or share it with anyone. You will be responsible for all activities and Pledges that occur or are made under your password. If you know or suspect that someone else knows your password you should notify us by contacting Customer Services (see below for contact details) immediately.
If we have reason to believe that there is likely to be a breach of security or misuse of the Site, we may require you to change your password or we may suspend your account in accordance with paragraph 16 below.
Tesco may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these Terms and Conditions.
You can cancel this agreement at any time by informing us in writing. If you do so you must stop using the Site and if you are a Backer all of your Pledges where payment has not been taken from you shall be cancelled.
The suspension or cancellation of your registration and your right to use the Site shall not affect either party's rights or liabilities.
Paragraphs 2, 3, 5, 6, 11, 13 and 16 of these Terms and Conditions shall survive cancellation.
Once you have registered as a Registered Member you can make Pledges for Projects. You can do so by visiting the relevant webpage for a Project (Project Listing) and selecting the amount you wish to pledge and, if applicable, the Reward that you would like to receive.
When you make a Pledge, you are giving permission to be charged in respect of the amount you have pledged.
If you have made a Pledge for a Project and it is Fully Funded at the end of the Funding Period, you authorise us or our payment provider to take payment from you using the debit/credit card details given by you at the time of making the Pledge.
If the Project is not Fully Funded as at the end of the Funding Period your Pledge will be cancelled by us, no charge will be payable by you and you will not receive a Reward.
As a Backer you agree to:
Please contact the Business directly for all queries, complaints and issues that relate to the Business's conduct, the Project or any Rewards. Contact details for the Business can be found on the relevant Project Listing.
Please contact Tesco at email@example.com for any complaints regarding the Site.
The Business shall be solely responsible for providing all information included in the Project Descriptions. Your decision to make a Pledge is based on this information. The Business shall be solely responsible for meeting all obligations of the Project and delivering any Rewards to you. The Business is not an agent of or acting on behalf of Tesco. Tesco is not responsible for the nature or quality of the completion of the Project or the Rewards, and you acknowledge and agree that Tesco shall have no responsibility in this respect to you.
The contract relating to the provision of funds from Pledges and the provision of Rewards is made solely between the Business and the Backer. When a Backer makes a Pledge, he/she is making an offer to enter into a contract with a Business subject to the relevant Project being Fully Funded at the end of the Funding Period. If at the end of the Funding Period the Project is Fully Funded, the Business agrees to accept the Backers’ offers and appoints Tesco to communicate acceptance of such Backer offers to the Backers. A binding contract, on the terms set out in this Part D (the "Project Terms"), will be entered into at this point between the Business and Backers.
If as at the end of the Funding Period the Project is Fully Funded, the Business shall commence and complete the Project in accordance with the Project Terms. At all times in undertaking the Project, Business shall:
If the Business is unable to complete the Project as agreed (including, but not limited to, delivering the Rewards after the estimated delivery date specified in the Project Description or failing to complete the Project at all), the Business shall promptly contact and work with Backers to reach mutually satisfactory resolutions.
The delivery date specified in the Project Description is an estimate and the Business may make reasonable variations to the delivery date at any time whilst undertaking the Project. All variations must be communicated to the Backer by the Business within a reasonable time.
The Backer acknowledges that it enters into a binding contract with the Business upon receiving confirmation that the Project is Fully Funded at the end of the Funding Period.
The Backer acknowledges and agrees that the delivery date of any Rewards specified in the Project Description is an estimate.
Backers shall work with Businesses to reach a mutually satisfactory resolution in any instance that the Business is unable to complete the Project as agreed.
If you have any queries please contact Customer Services at firstname.lastname@example.org
Company Registration No. 519500, VAT No. GB220 4302 31
Last update: 1 July 2016 © Tesco Stores Limited, 2016