Terms of use
Website terms and conditions
Welcome to The HALO Trust website. These Terms and Conditions (鈥淭erms鈥�) govern your use of the website / (the 鈥淪ite鈥�).
1 Information about us
The HALO Trust is a private company limited by guarantee registered in England and Wales under company number 02228587. We are a registered charity and our registration number with the Charity Commission for England and Wales is 1001813 and with the Office of the Scottish Charity Regulator is SC037870. Our main trading address is Carronfoot, Thornhill, Dumfries DG3 5BF.
HALO also operates in the United States of America as The HALO Trust (USA), Inc., which is a 501(c)(3) corporation registered as a charity in Scotland with registration number SC039625. Our office is at 1730 Rhode Island Ave NW, Suite 403, Washington, DC 20036.
The services available to you through the Site are made available to you by The HALO Trust. In these Terms, 鈥淭he HALO Trust鈥� means the UK charity, 鈥淭he HALO Trust (USA)鈥� means the US charity, and 鈥淗ALO鈥� or 鈥渨e鈥� or 鈥渦s鈥� means both The HALO Trust and The HALO Trust (USA).
2 Changes to the Terms
From time to time we may update this Site and these Terms. Your use of this Site after we post any changes to these Terms constitutes your agreement to those changes as permitted by local law. You agree to review these Terms periodically to ensure that you are familiar with the most recent version. HALO may, in its sole discretion, and at any time, discontinue this Site or any part thereof, with or without notice, or may prevent your use of this Site with or without notice to you. You agree that you do not have any rights in this Site and that HALO will have no liability to you if this Site is discontinued or your ability to access the Site or any content you may have posted on the Site is terminated.
3 Your Personal Data
The HALO Trust is committed to protecting and respecting your privacy.
For more information on how HALO collects and uses your personal information, please review the applicable privacy policy:
- If you live in the EU, or if you register with the UK Charity or donate to HALO in 拢 Sterling from anywhere in the world, the following applies to you: Privacy Policy EU
- If you live outside the EU and you register with the US Charity or donate to HALO in $ US from anywhere in the world other than the EU, the following applies to you: Privacy Policy US
In addition, please review our Cookie Policy, which sets out information about the cookies on our Site.
4 Terms of Site use
4.1 Terms
These terms of use (together with the documents referred to in them) tell you the terms on which you may make use of the Site, whether as a guest or a registered user. Use of the Site includes accessing, browsing, or registering to use the Site.
Please read these Terms carefully before you start to use our Site, as these will apply to your use of our Site. We recommend that you print a copy of this for future reference.
By using our Site, you confirm that you accept these terms of use. and that you agree to comply with them.
If you do not agree to these terms of use, you must not use our Site.
4.2 Changes to our Site
We may update our Site from time to time, and may change the content at any time. However, please note that any of the content on our Site may be out of date at any given time, and we are under no obligation to update it.
We do not guarantee that our Site, or any content on it, will be free from errors or omissions.
4.3 Accessing our Site
Our Site is made available free of charge.
We do not guarantee that our Site, or any content on it, will always be available or be uninterrupted. Access to our Site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Site without notice. We will not be liable to you if for any reason our Site is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to our Site.
You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these Terms, and that they comply with them.
4.4 No reliance on information
The content on our Site 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 Site.
Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our Site is accurate, complete or up-to-date.
4.5 Disclaimer of Warranty
HALO does not warrant or represent that the content at the Site is accurate, or that the Site's operation will be error-free or uninterrupted, or that it will be free of viruses or other harmful components. You use the Site at your own risk. HALO does not represent or warrant that your use of materials displayed on this Site will not infringe rights of third parties. Information published at this Site may refer to products, programs or services that are not available in your country. Without limiting the foregoing, the Site is provided "AS IS" and without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Some jurisdictions may not allow exclusion of implied warranties, so some of the above exclusions may not apply to you.
4.6 LIMITATION OF LIABILITY
THIS SITE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THIS SITE OR ANY INFORMATION OR SOFTWARE THEREIN. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL HALO BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (COLLECTIVELY, 鈥淒AMAGES鈥�) THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS SITE, NOR SHALL HALO BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND HALO鈥橲 REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS SITE'S RECORDS, PROGRAMS, OR SERVICES. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO A NEGLIGENT ACT, WILL HALO OR ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DAMAGE OF ANY KIND THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, EVEN IF HALO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND THE FOREGOING PARAGRAPH SHALL NOT APPLY TO A RESIDENT OF NEW JERSEY TO THE EXTENT DAMAGES TO SUCH NEW JERSEY RESIDENT ARE THE RESULT OF HALO鈥橲 NEGLIGENT, FRAUDULENT OR RECKLESS ACT(S) OR INTENTIONAL MISCONDUCT.
Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or for fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Site or any content on it, whether express or implied.
We will not be liable to any user 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 Site; or
- use of or reliance on any content displayed on our Site.
If you are a business user, please note that 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.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any content on it, or on any Site linked to it.
We assume no responsibility for the content of Sites linked on our Site. Such links should not be interpreted as endorsement by us of those linked Sites. We will not be liable for any loss or damage that may arise from your use of them.
4.7 Release
To the extent permitted by applicable law, you hereby release and forever discharge The HALO Trust (and our officers, employees, agents, successors, and assignees) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Site (including any interactions with, or act or omission of, other Site users or any Third-Party Links & Ads). If you are a California resident, you hereby waive California civil code section 1542 in connection with the foregoing, which states: 鈥渁 general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.鈥�
4.8 Intellectual Property Rights
We are the owner or the licensee of all intellectual property rights in our Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any proprietary right displayed on the Site, without the written permission of its owner. You must not use any part of the content on our Site for commercial purposes without obtaining a licence to do so from us or our licensors.
You may print off one copy, and may download extracts, of any page(s) from our Site for your personal use and you may draw the attention of others within your organisation to content posted on our Site.
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 Site must always be acknowledged.
If you print off, copy or download any part of our Site in breach of these terms of use, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
is a UK registered trade mark of The HALO Trust. You are not permitted to use our trade mark without our approval.
4.9 Viruses
We do not guarantee that our Site will be secure or free from bugs or viruses. You use the Site at your own risk and the Site is provided 鈥渁s is.鈥�
You are responsible for configuring your information technology, computer programmes and platform in order to access our Site. You should use your own anti-virus protection software.
You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site 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 Site will cease immediately.
4.10 Linking to our Site
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 Site in any Site that is not owned by you. Your linking to this Site, off-site pages or other websites is at your own risk.
Our Site must not be framed on any other Site, nor may you create a link to any part of our Site other than the home page.
We reserve the right to withdraw linking permission without notice.
If you wish to make any use of content on our Site other than that set out above, please contact mail@halotrust.org .
4.11 Third Party links and resources in our Site
Where our Site contains links to other Sites and resources provided by third parties, these links are provided for your information only. We are not responsible or liable for, and does not endorse, the content or operation of such third-party websites, including but not limited to the advertising, products or other materials on or available from such websites or resources.
We have no control over the contents of those Sites or resources.
4.12 Applicable Law
If you are a consumer, please note that these terms of use, its subject matter and its formation, are governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland you may also bring proceedings in Scotland.
If you are a business, these terms of use, its subject matter and its formation (and any non鈥慶ontractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
4.13 Social Networks
Our Site includes features that operate in conjunction with certain third party social networking Sites that you visit (鈥淪ocial Network Features鈥�). While your use of the Social Network Features is governed by these Terms of Use, your access and use of third party social networking Sites and the services provided through these Sites is governed by the terms of service and other agreements posted on these Sites. It is impossible for The HALO Trust to determine in each case whether your use of the Social Network Features would cause you to violate or breach the terms of service and/or other agreements posted on these third party Sites. You understand and acknowledge that your use of the Social Network Features may cause you to violate or breach the terms of service and other agreements posted on these third party Sites which could result in the termination of your account and ability to access these third party Sites and, in some cases, could give rise to liability for damages. You agree that you alone are responsible for your use of the social network features and that The HALO Trust will not be liable to you or anyone else for your violation or breach of any terms of service or other agreement that may result from your use of the social network features.
4.14 Indemnification
To the extent permitted by law, you agree to indemnify, defend and hold The HALO Trust harmless from any and all claims, demands, damages or other losses, including reasonable attorneys鈥� fees, resulting from or arising out of your use of the Site or any breach by you of these Terms of Use or any other policies that The HALO Trust may issue for the Site from time to time.
4.15 Injunction
You hereby agree that The HALO Trust would be irreparably damaged if the terms of these Terms of Use were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of these Terms of Use, in addition to such other remedies as we may otherwise have available to us under applicable laws.
4.16 Binding Arbitration
The provisions of this clause 4.16 do not apply if you are a consumer accessing the Site from the European Union (including the UK).
You agree that any controversy or claim arising out of or relating to the Site, use of the Site, and/or these Rules shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for you), or at such other location as may be mutually agreed upon by the parties, in accordance with the applicable procedural rules set forth in the then prevailing Comprehensive Arbitration Rules and Procedures of JAMS (鈥淛AMS Rules and Procedures鈥�), and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The JAMS Rules and Procedures are available at www.jamsadr.com or by calling (800) 352-5267. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. Alternatively, you may assert your claims in small claims court in accordance with the terms of this Agreement if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The arbitrator shall apply California law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honour claims of privilege recognized at law. If you initiate arbitration against HALO, you will not be responsible for professional fees for the arbitrator鈥檚 services or any other JAMS fees. In the event that the claimant is able to demonstrate that the costs of arbitration will be cost-prohibitive or greater than the costs of litigation, HALO will pay as much of the claimant鈥檚 filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive or more expensive than the cost of litigation. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor HALO shall be entitled to arbitrate their dispute. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED.
BY AGREEING TO THE ARBITRATION OF DISPUTES AS SET FORTH HEREIN, YOU AGREE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND LIMITING YOUR RIGHT TO APPEAL. DO NOT USE THIS SITE IF YOU DO NOT AGREE TO THE FOREGOING BINDING ARBITRATION PROVISIONS.
4.17 Severability; Waiver
If, for whatever reason, any term or condition in these Terms is found unenforceable, all other terms and conditions will remain unaffected and in full force and effect. The failure to enforce any provision of these Terms of Use is not a waiver of our right to do so later, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
4.18 Entire Agreement
These Terms of Use, including the documents expressly incorporated by reference, constitute the entire agreement between you and us with respect to our Site and supersedes all prior or contemporaneous communications, whether electronic, oral or written, between you and us with respect to our Site.
5 Contact us
Contact The HALO Trust at Carronfoot, Thornhill, Dumfries DG3 5BF, email fundraising@halotrust.org or call +44 1848 33 11 00.
Contact The HALO Trust (USA) at 1730 Rhode Island Ave NW, Suite 403, Washington, DC 20036.
If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
