TERMS OF SERVICE

The Gist:

We run an app called GrantFairy which makes it easy for you to find funding for your studies, and we would love for you to use it.

We do our very best to ensure that our app and all of our information about grants, bursaries and scholarships are as up-to-date as possible, but you should be aware that scholarship details may change from time to time, and that newer versions of the app may not be 100% compatible with everyone’s phone. Please don’t blame us if you find a problem — let us know so we can fix it.

Terms of Service:

The following terms and conditions (“Terms”) govern all use of the GrantFairy website and the GrantFairy app, and all content, services, and products available at or through the website and/or the app. Our Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, GrantFairy’s Privacy Policy) and procedures that may be published from time to time by GrantFairy (collectively, the “Agreement”). You agree that we may automatically upgrade our Services, and these Terms will apply to any upgrades.

Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to become bound by the Terms of this Agreement. If you do not agree to all the Terms of this Agreement, then you may not access or use any of our Services. If these Terms are considered an offer by GrantFairy, acceptance is expressly limited to these Terms.

Our Services are not directed to children younger than 13, and access and use of our Services is only offered to users 13 years of age or older. If you are under 13 years old, please do not register to use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 13 years of age or older.

Use of our Services requires a GrantFairy account. You agree to provide us with complete and accurate information when you register for an account. You will be solely responsible and liable for any activity that occurs under your username. You are responsible for keeping your password secure.

  1. Payment and Renewal

General Payment Terms. By selecting an in-app payment or agreeing to a multi-user purchase for a school or other organisation, you agree to pay GrantFairy the monthly or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up and will cover the use of that service for a monthly or annual subscription period as indicated.

Automatic Renewal. Unless you notify GrantFairy before the end of the applicable subscription period that you want to cancel your subscription, the subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such subscription (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Subscriptions can be canceled at any time.

  1. Validity of Information

GrantFairy goes to great lengths to review all of the material on our website and in our app, and we make every effort to ensure that our information is always up-to-date and accurate. However, this information is subject to change and we cannot be responsible for any discrepancies or inaccuracies. By operating our Services, GrantFairy does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful, or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Whilst we do our best to ensure otherwise, our Services may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Our Services may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. GrantFairy disclaims any responsibility for any harm resulting from the use by visitors of our Services, or from any downloading by those visitors of content there posted.

  1. Content Posted on Other Websites

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which GrantFairy links, and that link to GrantFairy. GrantFairy does not have any control over those non-GrantFairy websites, and is not responsible for their contents or their use. By linking to a non-GrantFairy website, GrantFairy does not represent or imply that it endorses such website. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. GrantFairy disclaims any responsibility for any harm resulting from your use of non-GrantFairy websites and webpages.

  1. Third Party Services

If you use any Third Party Services which you may have found information about or contacted via GrantFairy, you understand that:

  • Third Party Services are not vetted, endorsed, or controlled by GrantFairy.
  • Any use of a Third Party Service is at your own risk, and we shall not be responsible or liable to anyone for Third Party Services.
  • Your use is solely between you and the respective third party (“Third Party”) and will be governed by the Third Party’s terms and policies. It is your responsibility to review the Third Party’s terms and policies before using a Third Party Service.
  • Some Third Party Services may request or require access to your (yours, your visitors’, or customers’) data. If you grant access, your data will handled in accordance with the Third Party’s privacy policy and practices. We do not have control over how a Third Party Service may use your data. You should carefully review Third Party Services’ data collection, retention, and use policies and practices before enabling Third Party Services.
  • If you have questions or concerns about how a Third Party Service operates, or need support, please contact the Third Party directly.
  1. Copyright Infringement

As GrantFairy asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by GrantFairy violates your copyright, you are encouraged to notify GrantFairy immediately. GrantFairy will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material.

  1. Intellectual Property

This Agreement does not transfer from GrantFairy to you any GrantFairy or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with GrantFairy. GrantFairy, the GrantFairy logo, and all other trademarks, service marks, graphics and logos used in connection with GrantFairy or our Services, are trademarks or registered trademarks of GrantFairy or GrantFairy’s licensors. Other trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any GrantFairy or third-party trademarks.

  1. Changes

We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know by posting on one of our blogs, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.

  1. Termination

GrantFairy may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your GrantFairy account (if you have one), you may simply discontinue using our Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

  1. Disclaimer of Warranties

Our Services are provided “as is.” GrantFairy and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither GrantFairy nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.

  1. Jurisdiction and Applicable Law

Except to the extent that applicable law, if any, provides otherwise, this Agreement and any access to or use of our Services will be governed by and construed in accordance with the laws of England excluding its conflict of law provisions, and all parties hereby irrevocably submit to the exclusive jurisdiction of the courts located in England.

  1. Arbitration Agreement

Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in England, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees.

  1. Limitation of Liability

In no event will GrantFairy, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to GrantFairy under this Agreement during the twelve (12) month period prior to the cause of action. GrantFairy shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

  1. General Representation and Warranty

You represent and warrant that (i) your use of our Services will be in strict accordance with the GrantFairy Privacy Policy, with this Agreement, and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United Kingdom or the country in which you reside) and (ii) your use of our Services will not infringe or misappropriate the intellectual property rights of any third party.

  1. Indemnification

You agree to indemnify and hold harmless GrantFairy, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of our Services, including but not limited to your violation of this Agreement.

  1. Translation

These Terms of Service were originally written in English (US). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.

  1. Miscellaneous

This Agreement constitutes the entire agreement between GrantFairy and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of GrantFairy, or by the posting by GrantFairy of a revised version.

If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.

You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; GrantFairy may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

This Terms of Service agreement is available under a Creative Commons Sharealike license via the good folks at WordPress who spent a lot of time and money having it drawn up so that other people wouldn’t need to. Huge thanks to them.

In addition, some of the musical elements which appear in the app are also licensed under Creative Commons: “Dance of the Sugar Plum Fairies”, “Deck the Halls B”, “Jingle Bells”, “We Wish you a Merry Christmas” — huge thanks to Kevin MacLeod (incompetech.com)

Creative Commons License