Terms and Conditions for Rafi.ki
1. INTRODUCTION
1.1 Membership to Rafi.ki (provided by Gemini.org) (the "Service") is open to young people and teachers (including adults who are responsible for groups of young people, e.g. youth leaders).
1.3 By registering for membership and/or by virtue of any continued use of www.gemini.org (our “website”), you (a “User”) agree to comply with these Terms and Conditions and to ensure that any and all individuals for whom you act as a guardian (collectively, "Subsidiary Users") comply with all of the provisions of these Terms and Conditions.
1.4 The Service includes access to certain content as determined by Gemin-i.org (the "Content") and may include access to certain communications tools as determined by Gemin-i.org (the "Tools"). Further details about the Service can be found on the Rafi.ki website.
1.5 Gemin-i.org reserves the right without notice to remove any User's access to the Service, to cancel the membership of any User, to change the specification of the Service (and/or the Content or Tools) and/or to withdraw the provision of the Service entirely.
1.6 These Terms and Conditions replace any previous terms and conditions governing the Users' or Subsidiary Users’ access to the Service.
2. YOUR RESPONSIBILITIES
2.1 You are responsible for (without limitation):
2.1.1. ensuring that your and your Subsidiary User’s use of the Service complies with the Rafi.ki Code of Conduct
2.1.2. ensuring that your and your Subsidiary User’s use of the Service complies with any applicable school’s acceptable internet use (AIU) policy,
2.1.3. monitoring the activity of your Subsidiary User’s and their compliance with the Rafi.ki Code of Conduct;
2.1.4. alerting Gemin-i.org to any breach of the Rafi.ki Code of Conduct and/or breach of these Terms and Conditions, and
2.1.5. ensuring that any necessary written consent is obtained from parents whose children will be accessing the Service.
2.2 You are responsible for ensuring that no unauthorised person gains access to the Service.
3. ACCESSING THE RAFI.KI WEBSITE
3.1. Access to the Rafi.ki website is permitted on a temporary basis, and Gemin-i.org reserves the right to withdraw or amend the Service or the Rafi.ki website without notice. Gemin-i.org will not be liable if for any reason the Rafi.ki website is unavailable at any time or for any period. From time to time, Gemin-i.org may restrict access to some parts of or the entire Rafi.ki website.
3.3. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. Gemin-i.org have the right to disable any User or Subsidiary User identification code or password, whether chosen by you or allocated by Gemin-i.org, at any time, if in Gemin-i.org’s opinion you have failed to comply with any of the provisions of these Terms and Conditions.
3.4. You are responsible for making all arrangements necessary for you to have access to the Rafi.ki website. You are also responsible for ensuring that all Subsidiary Users who access the Rafi.ki website through your internet connection are aware of these Terms and Conditions, and that they comply with them.
3.5. Gemin-i.org aims to update the Rafi.ki website regularly, and may change the content at any time. If the need arises, Gemin-i.org may suspend access to the Rafi.ki website, or close it indefinitely. Any of the material on the Rafi.ki website may be out of date at any given time, and Gemin-i.org are under no obligation to update such material.
4. MATERIALS
4.1. Gemin-i.org takes no responsibility whatsoever for the legality, validity, appropriateness or accuracy of any materials or Content displayed on the Service or the content of any external websites embedded in or linked from the Service. You will ensure that any materials uploaded by you and/or your Subsidiary Users (and the content of any external websites that you link from the Service) are legal and appropriate and comply with the Rafi.ki Code of Conduct.
4.2. Gemin-i.org reserves the right to change or remove without notice or explanation, any material uploaded (or link posted) by any User or Subsidiary Users that it considers inappropriate or that it suspects might be illegal or in breach of the Rafi.ki Code of Conduct.
4.3. Commentary and other materials or Content posted on the Rafi.ki website are not intended to amount to advice on which reliance should be placed. Gemin-i.org therefore disclaim all liability and responsibility arising from any reliance placed on such materials or Content on the Rafi.ki website, or by anyone who may be informed of any of its contents.
4.4. Where the Rafi.ki website contains links to other websites and resources provided by third parties, these links are provided for information purposes only. Gemin-i.org has no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
4.5 Gemin-i.org reserves the right to use materials produced by users for promotional or training purposes. In such circumstances, Gemin-i.org will not reveal any personal details that would connect these resources to that user.
5. COPYRIGHT
5.1. You warrant that all materials you or any of your Subsidiary Users upload to the Service do not and shall not infringe any third party’s intellectual property rights and hereby grants Gemin-i.org a royalty-free, irrevocable worldwide licence to use and adapt those materials for publication on the Service and to use them freely for educational, promotional and commercial purposes, for the full period of the intellectual property rights in those materials. You warrant that you are entitled to grant the licence granted in this paragraph 4.1.
5.2. All designs, graphics, sounds, trade marks, images, text, software developed by or on behalf of Gemin-i.org in connection with the Rafi.ki website and all the intellectual property rights therein are the exclusive property of Gemin-i.org.
5.3. You or any of your Subsidiary Users only are permitted to reproduce and reuse the Content in accordance with the NonCommercial-ShareAlike Creative Commons Licence. Any modification or use not specified within the Creative Commons NonCommercial-ShareAlike Licence is prohibited
6. USE OF THE RAFI.KI WEBSITE
6.1. You must not misuse the Rafi.ki website 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 the Rafi.ki website, the server on which Gemin-i.org’s website is stored or any server, computer or database connected to the Rafi.ki website. You must not attack the Rafi.ki website via a denial-of-service attack or a distributed denial-of service attack.
6.2. Gemin-i.org will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses 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 material posted on it, or on any website linked to it.
6.3. Neither you nor any of your Subsidiary Users shall, without the express written approval of Gemin-i.org, distribute or otherwise publish through the Rafi.ki website any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services. Soliciting other Rafi.ki users or members to join or become members of any outside website, online service or other organization is expressly prohibited.
7. INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE
7.1. Gemin-i.org processes information about User’s and Subsidiary User’s in accordance with Gemin-i.org’s Privacy Policy. By using the Rafi.ki website, you consent to such processing and you warrant that all data provided by you is accurate.
8. LIABILITY
8.1 The Service is provided free of charge and is available "as is" and Gemin-i.org make no representations or give you no warranties with respect to the Services.
8.2 Gemin-i.org shall not be liable to you or any Subsidiary User for:
8.2.1 any indirect, special or consequential losses which may be incurred by any User or Subsidiary User, including any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation or income production, or any loss of data suffered by any User;
8.2.2 any loss or damage (whether incurred directly or indirectly) which may be incurred by any ser as a result of or arising from:
(i) accessing data on the Service or the use by any User or Subsidiary User of data accessed using the Service;
(ii) the inability of any User or Subsidiary User to (a) access the Service or (b) access any data on the Service or (c) use any data accessed using the Service;
(iii) the use by any User or Subsidiary User of any links to external websites which are contained within the Service; or
(iv) any communication on the Service between any User or Subsidiary User and third party users of the Service.
8.3. While Gemin-i.org intends that the Service will operate fully and effectively it does not guarantee or warrant that the Service will be continuously available or error free or free of rogue programming.
8.4 Nothing in these Terms and Conditions shall operate to exclude or restrict Gemin-i.org's liability for:
8.4.1 death or personal injury resulting from negligence;
8.4.2 breach of the obligations arising from section 12 of the Sale of Goods Act 1979; or
8.4.3 fraud or deceit.
9. ENDING YOUR MEMBERSHIP
9.1 You can terminate your or any Subsidiary User’s membership of the Service at any time by giving notice in writing to Gemin-i.org.
9.2 Gemini-i.org reserves the right at any time without notice to terminate any User's or Subsidiary User’s membership of the Service.
10. VARIATION
10.1. No statement, description, information, warranty or recommendation contained in any catalogue, price list, advertisement or communication or made verbally by any of the agents or employees of Gemin-i.org shall be construed to enlarge, vary or override in any way these Terms and Conditions.
10.2. Any concession made or latitude allowed by Gemin-i.org shall not affect the strict rights of Gemin-i.org under these Terms and Conditions. If in any particular case any of the provisions of these Terms and Conditions shall be held to be invalid or shall not apply to these Terms and Conditions the other provisions shall continue in full force and effect.
10.3. Gemin-i.org shall at any time be entitled to vary these Terms and Conditions and shall notify the User or designated teacher of any such changes. You will be deemed to have accepted any such variation by virtue of any continued use of the Service following such notice.
11. JURISDICTION
11.1. Rafi.ki is controlled and operated by Gemin-i.org from its offices within the UK. Gemin-i.org makes no representation that materials on the website or the Service are appropriate or available for use in other locations. Those who choose to access our website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
11.2. These Terms and Conditions and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall in all respects be governed by English law and shall be deemed to have been made in England and the parties irrevocably agree to submit to exclusive jurisdiction of the English courts.
