Version 1.1 – last updated on 17 May 2022
Who we are
ActionFunder is a platform that enables businesses and foundations to easily find and fund community organisations and charities. ActionFunder is owned and run by Semble Network Limited (“we” or “us”).
Semble Network Limited is registered at 22 Wycombe End, Beaconsfield, Buckinghamshire, United Kingdom, HP9 1NB. The company number is 05611771.
By using our platform you accept these terms
There are other terms that may apply to you
- Our Acceptable Use Policy at Annex 1, which sets out the permitted and prohibited uses of our platform. When using our platform, you must comply with this Acceptable Use Policy.
- The ActionFunder Commercial Terms, which governs the relationship between us, Non-profits and Funders in the course of the Project Arrangements (as defined therein), where relevant.
We may make changes to our platform
We may update and change our platform from time to time. We will try to give you reasonable notice of any major changes.
We may suspend or withdraw our platform
We do not guarantee that our platform, or any content on it, will always be available. We may suspend, withdraw or restrict the availability of all or any part of our platform for business or operational reasons. If this happens, we will try to give you reasonable notice.
We may transfer this agreement to someone else
We may transfer our rights and obligations under these terms to another organisation. We will tell you in writing if this happens. And we will ensure the transfer won’t affect your rights under the contract.
You must keep your account details safe
If you choose, or you are provided with, a user identification code, password or any other information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
How you may use material on our platform
We are the owner or the licensee of all intellectual property rights in our platform, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our platform for your personal use and you may draw the attention of others within your organisation to content posted on our platform.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of content on our platform must always be acknowledged.
You must not use any part of the content on our platform for commercial purposes without obtaining a licence to do so from us or our licensors.
Do not rely on information on this platform
The content on our platform is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our platform.
Although we make reasonable efforts to update the information on our platform, we make no representations, warranties or guarantees, whether express or implied, that the content on our platform is accurate, complete or up to date.
We are not responsible for websites we link to
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
We have no control over the contents of those sites or resources.
User-generated content is not approved by us
This website may include information and materials uploaded by other users of the platform. This information and these materials have not been verified or approved by us. The views expressed by other users on our platform do not represent our views or values.
How to complain about content uploaded by other users
Our responsibility for loss or damage suffered by you
- We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
- We exclude all implied conditions, warranties, representations or other terms that may apply to our platform or any content on it.
- We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, our platform; or
- use of or reliance on any content displayed on our platform.
- In particular, we will not be liable for:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.
Uploading content to our platform
Whenever you make use of a feature that allows you to upload content to our platform, or to make contact with other users of our platform, you must comply with the content standards set out in our Acceptable Use Policy at Annex 1.
You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty.
This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty. Any content you upload to our platform will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of our platform a limited licence to use, store and copy that content and to distribute and make it available to third parties.
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our platform constitutes a violation of their intellectual property rights, or of their right to privacy.
We have the right to remove any posting you make on our platform if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy at Annex 1.
You are solely responsible for securing and backing up your content.
Rights you give us when you upload material to our platform
When you upload or post content to our platform, you grant us the following rights to use that content:
- a worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that user-generated content in connection with the service provided and across different media including to promote the platform or the service; and
- a worldwide, non-exclusive, royalty-free, transferable licence for other users to use the content in accordance with the functionality of the platform.
We are not responsible for viruses and you must not introduce them
We do not guarantee that our platform will be secure or free from bugs or viruses. You are responsible for configuring your IT, computer programmes and platform to access ActionFunder. You should use your own virus protection software.
You must not misuse our platform by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our platform, the server on which our platform is stored or any server, computer or database connected to our platform. You must not attack our platform via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our platform will cease immediately.
Rules about linking to our platform
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to our platform in any website that is not owned by you.
Our platform must not be framed on any other site, nor may you create a link to any part of our platform other than the home page.
We reserve the right to withdraw linking permission without notice.
The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy at Annex 1.
Which country’s laws apply to any disputes that might arise?
Annex 1 – Acceptable Use Policy
This acceptable use policy sets out the content standards that apply when you upload content to our platform, make contact with other users on our platform, link to our platform, or interact with our platform in any other way.
Prohibited uses – how not to use the platform
You may use our platform only for lawful purposes. You may not use our platform:
- In any way that breaches any applicable local, national or international law or regulation.
- In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.
- For the purpose of harming or attempting to harm minors in any way.
- To bully, insult, intimidate or humiliate any person.
- To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards set out below.
- To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
- To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
- Not to access without authority, interfere with, damage or disrupt:
- any part of our platform;
- any equipment or network on which our platform is stored;
- any software used in the provision of our platform; or
- any equipment or network or software owned or used by any third party.
Our content standards
These content standards apply to any and all material which you contribute to our platform, including information contained in pitches (Contribution). We will determine, in our sole discretion, whether a Contribution breaches the Content Standards.
A Contribution must:
- Be accurate (where it states facts).
- Be genuinely held (where it states opinions).
- Comply with the law applicable in England and Wales and in any country from which it is posted.
A Contribution must not:
- Be defamatory of any person.
- Be obscene, offensive, hateful or inflammatory.
- Bully, insult, intimidate or humiliate.
- Promote sexually explicit material.
- Include child sexual abuse material.
- Promote violence.
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any copyright, database right or trade mark of any other person.
- Be likely to deceive any person.
- Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
- Promote any illegal content or activity.
- Be in contempt of court.
- Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
- Be likely to harass, upset, embarrass, alarm or annoy any other person.
- Impersonate any person or misrepresent your identity or affiliation with any person.
- Advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse.
- Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.
- Contain any advertising or promote any services or web links to other sites.
If you breach this policy
When we consider that a breach of this acceptable use policy has occurred, we may take such action as we deem appropriate.
- Immediate, temporary or permanent withdrawal of your right to use our platform.
- Immediate, temporary or permanent removal of any Contribution uploaded by you to our platform.
- Issue of a warning to you.
- Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
- Further legal action against you.
- Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
We exclude our liability for all action we may take in response to breaches of this acceptable use policy. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.