EtchRock Terms & Conditions
Effective Date: October 18, 2019
This website is owned and operated by Etch Rock Limited. Our company
information is at the end of this document.
Please read these terms and conditions carefully. They cancel and
replace any previous versions. By downloading or App or registering on or
using our Service (as defined below) you agree to be bound by these terms
and conditions. Please print or save these terms for future use as we will
not keep a file copy specifically for the transaction with you and we
cannot guarantee that they will remain accessible on our website in future.
These terms and conditions are available in the English language only.
These terms and conditions constitute an “end user licence agreement”
between you and us (not the Appstore) in relation to our App and, in
addition, you agree to be bound by the Appstore Rules.
Capitalised terms have the following meanings in these terms and
a) “App” - the EtchRock mobile application.
b) “Appstore” – the app distributor from which you download the App.
c) “Appstore Rules” – any applicable rules, policies or terms of the
d) “Consumer” - an individual acting for purposes which are wholly or
mainly outside that person’s trade, business, craft or profession.
e) “Content” - all information of whatever kind (including profiles, Event
pages, posts, comments, images, photos, audio, video etc.), published,
stored or sent on or in connection with our Service.
f) “Data Protection Laws” -
all applicable data protection and privacy laws, regulations and
guidance including from 25 May 2018 onwards Regulation (EU) 2016/679
(the “General Data Protection Regulation” or “GDPR”) and guidance or
codes of practice issued by the Information Commissioner from time to
g) “Charity” – a User who uses our Service to seek donations.
h) “Donor” – a User who makes a donation via our Service.
i) “Donor Data” – personal information of Donors which Charities collect
via our Service.
j) “Event” – an event promoted on our Service.
k) “Fundraiser” – a User who operates a page on our Service encouraging
other Users to make donations to Charities.
l) “Fundraising” – raising money from Users by donations to Charities.
m) “Organiser” – a User who offers an Event via our Service.
n) “Participant” – a User who books tickets for an Event via our Service.
o) “Participant Data” – personal information of Participants which
Organisers collect via our Service.
p) “PSP” – our payment service provider.
q) “Service” – our website, our App and any related services.
r) “User” - a person who uses our Service (whether or not registered with
Changes to the terms and conditions
We may change these terms and conditions by giving notice by email, SMS
or in-app message and/or by posting the new version on our website. Please
check our website from time to time. You will be bound by the revised
agreement if you continue to use our Service following the effective date
We grant Users a limited personal right to use our Service on any
applicable device owned or controlled by you in accordance with the
Appstore Rules and subject to these terms and conditions.
You are not eligible for, and must not use or register on, our Service
a) you are below 14 years of age; or
b) display of or access to any aspect of this Service is illegal under the
laws (if applicable) of the country from which you are accessing the
Service (e.g. because the country does not permit such a Service or display
of or access to such material at all or because you are under the relevant
age limit in that country); or
c) you have been convicted of any offence, or subject to any court order,
relating to assault, violence, sexual misconduct or harassment.
You agree that you will not in connection with the Service:
a) breach any applicable law, regulation or code of conduct;
b) publish or send any Content (including links or references to other
content), or otherwise behave in a manner, which:
i) is defamatory, threatening, harassing, invasive of privacy, offensive,
vulgar, racist, hateful, discriminatory, obscene, pornographic, sexually
suggestive, promoting of self-harm, misleading, abusive or deceptive;
ii) infringes any intellectual property or other rights of others;
iii) involves phishing or scamming or similar; or
iv) we otherwise reasonably consider to be inappropriate;
c) publish or send any Content which includes someone else’s personal
information unless that person is 18 years or over and you have obtained
that person’s explicit written consent or you are the parent/guardian of
d) impersonate any person or entity in order to mislead others;
e) publish or send any Content which links to any third party websites
which are unlawful or contain inappropriate Content;
f) sell access to the Service;
g) use the Service to provide a similar service to third parties or
otherwise with a view to competing with us;
h) sell advertising, sponsorship or promotions on or in connection with
Content except where explicitly authorized by us;
i) use the Service for junk mail, spam, pyramid or similar or fraudulent
j) do anything which may have the effect of disrupting the Service
including worms, viruses, software bombs or mass mailings;
k) do anything which may negatively affect other Users’ enjoyment of the
l) gain unauthorised access to any part of the Service or equipment used to
provide the Service;
m) use any automated means to interact with our systems excluding public
search engines; or
n) attempt, encourage or assist any of the above.
You undertake to comply with any guidelines or requirements on our
You undertake to promptly comply with any reasonable request or
instruction by us in connection with the Service.
We are entitled to impose and/or change limitations on usage of our
Service, for example in relation to the numbers of Users who can be
You must ensure that any contact or other information which you supply
to us is accurate and not misleading and you will update it so that it
You undertake to tell us promptly if you cease to hold and any
necessary licence, authorisation or registration, for example as a charity
if you engage in Fundraising.
We do not supply support except to the extent specifically stated on
our site, as may be varied from time to time. You acknowledge that the
Appstore has no obligation to supply any maintenance and support services
in relation to the App.
You are responsible for your Content.
You promise to us that you have (and will retain) all rights and
permissions needed to enable use of your Content as contemplated by the
Service and these terms and conditions.
If you post a review or rating, you promise that you have no personal
or business relationship with the entity, product or service being
reviewed, that you are not a competitor of that entity, that have not been
offered any incentive to write the review and that the review is your
independent, honest, genuine opinion.
If you use any features on our site which enable you to share your
Content with third party sites, we are not responsible for use of your
Content on those third party sites.
We reserve the right without notice or refund to reject, suspend,
alter, remove or delete Content or to disclose to the relevant authorities
or to a complainant any Content or behaviour if it is the subject of
complaint or where we have reason to believe that it breaches our terms and
conditions, or that such steps are necessary to protect us or others, or
that a criminal act has been committed, or if we are required to do so by
law or appropriate authority. If so, you must not attempt to re-publish or
re-send the relevant Content.
If you join a public Event or act as a Fundraiser, you undertake that
your related Content will be appropriate, reasonable and respectful of the
spirit and nature of the Event / Fundraising and that you will comply with
any reasonable request by the relevant Organiser / Charity.
We do not accept responsibility if your Content is misused by other
Users as this is outside our reasonable control.
It is your responsibility to make your own backup of any Content stored
within the Service to protect you in case of loss or damage to such
material. We are not responsible for such loss or damage.
We reserve the right to place advertisements adjacent to or within your
Content. We retain all revenue from such advertisements.
We may irretrievably delete your Content without telling you after 30
days following the ending of this agreement. You should
make a backup of any Content that you wish to keep.
Content of other Users
You accept that we have no obligation to vet or monitor Users or their
Content. We do not endorse or recommend any profiles, events or other
Content. You rely on such information at your own risk. We accept no legal
responsibility for the accuracy of, or otherwise in relation to, any such
Content or in connection with any dealings between Users. It is your
responsibility to carry out careful and detailed investigations before
dealing with other Users including use of or reliance on their Content. You
should not assume that any Content from another User is accurate and be
aware that a person may not be who he or she claims to be.
You acknowledge that if you create a public Event, other Users who join
the Event are entitled to reproduce the details of the Event including
Event name, description of the event and relevant images and to use the
event to fundraise for their own cause.
You acknowledge that in using the Service you may be exposed to
offensive or other inappropriate Content or behaviour. If so, please
contact us using the email address shown below. If appropriate, you should
seek relevant external help, for example from law enforcement authorities
and/or stop using the Service.
If you have any complaint about Content or behaviour which you think is
defamatory or otherwise infringes your rights, please email us at
Events and Fundraising
The terms of the contract to supply an Event or of any donation are for
the relevant parties to determine providing that they are consistent with
the following terms as well as with any other applicable terms in this
agreement. We are not a party to such contracts or donations.
Organisers / Charities undertake to operate their Events / Fundraising
in accordance with the highest standards reasonably to expected and to use
any donations for the purpose for which they were given.
All parties agree that they will deal with each other in a courteous
and polite manner.
We are entitled at any time for any reason with or without notice to
reject or remove any Event or Fundraising from our Service.
While we reserve the right to decide whether to allow an Event or
Fundraising onto the Service, that does not constitute any form of
endorsement by us. We do not investigate or supervise and are not
responsible for Events or Fundraising.
We do not promise Participants that any Event will take place or that
it will be of any particular quality. You participate in Events at your own
We do not promise Donors that any Charity will use any donation for any
particular purpose or that it will not be misused.
Nor do we mediate disputes between parties to Events or Fundraising
unless we choose to do so in our discretion)
We do not guarantee to Organisers or Charities that any Events or
Fundraising will achieve any particular level of revenue.
Payments by Participants / Donors
Participants can buy tickets for Events and Donors
can donate by making payments which will be held by us or our PSP and which
will be passed on to Organisers / Charities.
Participants / Donors are not entitled to cancel ticket purchases for
Events or donations unless otherwise agreed between the parties or stated
in these terms or required by applicable laws.
Participants / Donors must if required maintain a valid payment card
registered with our PSP and must update it if it expires.
Organisers shall promptly notify Participants if an Event is cancelled
and they are responsible for making full refunds via our Service of all
payments made by Participants in such circumstances.
Participants / Donors acknowledge that we are not liable to make any
repayment where we have sent the relevant ticket payment or donation to an
Organiser / Charity which becomes insolvent or enters receivership or
administration or passes a winding up resolution or seeks protection from
creditors or stops trading or if anything happens which is similar to any
of these. You agree not to make a chargeback in those circumstances.
Payment to Organisers / Charities
If ticket payments or donations are being held and managed by us
(i.e., not by our PSP), we shall use reasonable endeavours to pay these to
the Organiser / Charity at whatever intervals we decide) by whatever method
we specify subject to any deductions mentioned below.
You acknowledge that we are entitled to deduct our fees from all
ticket payments and donations at the rate (plus applicable VAT) specified
on our website on the date that the Event or Fundraising is first launched
on our Service. These rates may change and so you should check them each
regularly. Any applicable PSP fees will also be deducted.
We are entitled to deduct from any payment due to you the amount of
any chargeback including any related fees, penalties or other charges which
has arisen or which we consider is likely to occur (irrespective of whether
the chargeback relates to the payment currently due). You agree to pay to
us immediately on demand the amount of any chargeback relating to a payment
which we have sent to you.
You also acknowledge that neither we nor the PSP are liable to repay
any fees to you if you decide, or are obliged, to make any refunds to
Participants or Donors. When making refunds, Organisers / Charities are
responsible for making up any shortfall arising from deduction of our or
PSP fees from funds received by the Organiser / Charity.
We are entitled in our discretion to refund all or part of any ticket
payment or donation held by us if an Event is cancelled or the Participant
/ Fundraiser / Donor makes a complaint or raises a dispute or if we
otherwise consider it appropriate to make such a refund in our discretion
(which may be based on any cancellation policy of ours which applies at
that time). We are entitled to deduct the amount of such refund from any
other payment due to you.
You are responsible for making up any shortfall arising from charges
made by your bank.
You are responsible for checking that any invoices provided by us are
suitable for your purposes and for accounting for VAT or any other
applicable tax. We do not offer tax-related advice.
If you are a Charity, you authorise us to reclaim Gift Aid on your
behalf where applicable and to provide reasonable co-operation to us in
doing so. Unless you tell us otherwise in writing, you guarantee to us
comply with all of the applicable requirements to enable Gift Aid to be
reclaimed. Any Gift Aid received by us is treated as a donation for the
purposes of this agreement including in relation to the provisions
regarding payment and deductions set out above.
Personal information of Participants / Donors
Organisers / Charities promise to deal with any Participant Data and
Donor Data strictly in accordance with Data Protection Laws. The Organiser
/ Charity is the “data controller” in respect of Participant Data and Donor
Data. We are the “data processor” on behalf the Organiser / Charityand our
obligations are set out in the “GDPR Addendum” at the end of this document.
If Stripe are specified on our Service as our PSP, then the following
applies: Payment processing services are provided by Stripe and are subject
Stripe Connected Account Agreement
, which includes the Stripe Terms of Service
(collectively, the “Stripe Services Agreement”). By agreeing to this
agreement, you agree to be bound by the Stripe Services Agreement, as the
same may be modified by Stripe from time to time. As a condition of our
enabling payment processing services through Stripe, you agree to provide
us with accurate and complete information about you and your business, and
you authorise us to share it and transaction information related to your
use of the payment processing services provided by Stripe.
If Square are specified on our Service as our PSP, then the following
applies: You are bound by the Square terms and conditions. [insert link]
We are not responsible for the acts or omissions of our PSPs.
Third party websites / services
We may use third party-provided services or display third party
advertising within our Service and/or link to third party websites which
may be of interest to you. We do not recommend or endorse, nor are we
legally responsible for, those sites or services. You use them at your own
Any guidance or similar information which we ourselves make available
on our Service is intended as very general guidance information but we
cannot guarantee that it is accurate or up to date and we do not accept
legal responsibility for it.
Your account on our Service is for your personal use only and is
non-transferable. You must not authorise or permit any other person to use
your account. You must take reasonable care to protect and keep
confidential your password and other account or identity information. You
must notify us immediately of any apparent breach of security such as loss,
theft, misuse or unauthorised disclosure or use of a password. You are
responsible for third parties who use your account or identity (unless and
to the extent that we are at fault).
Ending or suspending this contract
You may at any time end this agreement by deleting your account or
otherwise following the instructions on our Service. Ending the contract
does not give rise to any refund.
We are entitled at any time to end this agreement without refund by
email notice and/ or by SMS and/or by in-app message for any reason except
that the agreement will continue insofar as necessary in relation to
pending Events or donations.
We are entitled at any time (with or without notice) end this
agreement or suspend part or all of our Service if we have reason to
believe that you have breached our terms and conditions or
if any fees due to us are unpaid / unjustifiably charged back or if it is
necessary to protect us or others or if we are required to do so by law or
appropriate authority. There will be no refund.
If this contract ends: Your right to use our Service and all licences
are terminated. Existing rights and liabilities are unaffected. All clauses
in this agreement which are stated or intended to continue after
termination will continue to apply. You must not attempt to re-register for
or continue to use our Service if we have given you notice of termination.
Functioning of our Service
We do not guarantee that the Service will be uninterrupted or
We are entitled, without notice and without liability, to suspend the
Service for repair, maintenance, improvement or other technical reason.
We are entitled to make changes to the Service which don’t seriously
The App is compatible with applicable mobile devices and associated
operating systems (OS’s) which have been released as at the date we
launched the App (or as at the most recent App update). We do not guarantee
that the App is or will be compatible with any other devices or OS’s. We
may issue App updates through the Appstore; if so, you may not be able to
use our App properly or at all until you have downloaded the update, which
may be subject to the agreement of new terms and conditions. It is your
responsibility to frequently monitor for App updates and to install them as
soon as they become available.
Nothing in this agreement in any way limits or excludes our liability
for negligence causing death or personal injury or for fraud or fraudulent
misrepresentation or for anything which may not legally be excluded or
limited. In this section, any reference to us includes our employees and
Very important: If you are a Consumer,
we shall not be liable for any loss or damage caused by
us or our employees or agents in circumstances where:
a) there is no breach of a legal duty of care owed to you by us or by any
of our employees or agents;
b) such loss or damage was not reasonably foreseeable (meaning it was not
an obvious consequence of our breach or not contemplated by you and us at
the time we entered into this contract);
c) such loss or damage is caused by you, for example by not complying with
this agreement; or
d) such loss or damage relates to a business of yours.
Very important: If you are a Consumer, you will be liable for any reasonably foreseeable loss or
damage we suffer arising from your breach of this agreement or misuse of
our Service (subject of course to our obligation to mitigate any losses).
The following clauses apply only if you are not a Consumer
a) To the extent allowed by law, you and we exclude all terms, whether
imposed by statute or by law or otherwise, that are not expressly stated in
this agreement. In this clause, any reference to us includes our employees
b) Our liability of any kind (including our own negligence) with respect to
any Event or Fundraising is limited to the total fees paid
to us in connection with such Event or Fundraising.
c) In no event (including our own negligence) will we be liable for any:
i) economic losses (including, without limit, loss of revenues, profits,
contracts, business or anticipated savings);
ii) loss of goodwill or reputation;
iii) special, indirect or consequential losses; or
iv) damage to or loss of data
(even if we have been advised of the possibility of such losses).
d) You will indemnify us against all claims and liabilities directly or
indirectly related to your use of the Service and/or breach of this
e) This agreement constitutes the entire agreement between us with respect
to its subject matter and supercedes any previous communications or
agreements between us. We both acknowledge that there have been no
misrepresentations and that neither of us has relied on any pre-contractual
statements. Liability for misrepresentation (excluding fraudulent
misrepresentation) relating to the terms of this agreement is excluded.
The following applies where Apple Inc is the Appstore:
a) In the event of any failure of the App to conform to any applicable
warranty, you may notify Apple, and Apple will refund the purchase price
for the App (if applicable). To the maximum extent permitted by applicable
law, Apple will have no other warranty obligation whatsoever with respect
to the App, and any other claims, losses, liabilities, damages, costs or
expenses attributable to any failure to conform to any warranty will be our
sole responsibility subject to these terms and conditions.
b) We, not Apple, are responsible for addressing your claims or the claims
of any third party relating to the App or the end-user’s possession and/or
use of that App, including, but not limited to: (i) product liability
claims; (ii) any claim that the App fails to conform to any applicable
legal or regulatory requirement; and (iii) claims arising under consumer
protection or similar legislation.
Intellectual property rights
The intellectual property rights in all material used on or in
connection with the Service are owned by us or our partners or other Users.
For your personal use only, you may view such material on your device. You
must not otherwise use such material including copying, selling or adapting
it or taking extracts from it without our specific prior written consent.
For the avoidance of doubt you must not collect, scrape or harvest any
Content on our Service or deep-link to or frame Content on our Service
without our specific prior written consent.
You must not circumvent or otherwise interfere with any security
related features of the Service or features that limit or prevent copying
of Content or which restrict use of Content.
You must not reverse-engineer or decompile any of our software in any
way (except to the extent allowed by applicable law). You must not create
or use a modified or derivative version of our software or distribute or
sublicense our software to third parties. You must take reasonable steps to
ensure that our software is not disclosed to any third party.
If you publish any Content on our Service or provide us with any ideas
or suggestions for our Service, you allow us at no cost, and perpetually,
to use and adapt all or part of such material however we wish, whether on
our own Service, on our other channels including mobile, email
communications, social media, PR, competitions and press releases and also
on third party media, including for the purpose of redistribution or
promotion of our Service. You waive your “moral rights” in relation to such
Content to the extent legally permitted. You also allow
each User a licence to use your Content in accordance with these terms and
In the event of any third party claim that the App or your possession
and use of the App infringes that third party’s intellectual property
rights, we, not the Appstore, will be solely responsible for the
investigation, defence, settlement and discharge of any such intellectual
property infringement claim.
You acknowledge and agree that we may process your personal data in
accordance with the terms of our privacy and cookies policy [link] which is subject to change from time to time.
Events outside our control
We are not liable for failure to perform or delay in performing any
obligation under this agreement if the failure or delay is caused by any
circumstances beyond our reasonable control including third party
You promise that (i) you are not located in a country that is subject
to a U.S. Government embargo, or that has been designated by the U.S.
Government as a “terrorist supporting” country; and (ii) you are not listed
on any U.S. Government list of prohibited or restricted parties. (This
clause is required by Apple, Inc.)
We may transfer all or part of our rights or duties under this
agreement provided we take reasonable steps to ensure that your rights
under this agreement are not prejudiced. As this agreement is personal to
you, you may not transfer any of your rights or duties under it without our
prior written consent.
These terms and conditions shall be governed by English law and any
disputes will be decided only by the courts of the United Kingdom. You may
be entitled to use an EU online dispute resolution service to assist with
any contractual dispute you may have with us. This service can be found at
. Our email address is email@example.com
We may send all notices under this agreement by email to the most
recent email address you have supplied to us (unless otherwise stated in
this agreement). Headings used in this agreement are for information and
not binding. Any failure by either party to exercise or enforce any right
or provision of this agreement does not mean this is a “waiver” (ie that it
cannot be enforced later). If any part of this agreement is ineffective or
unenforceable for any reason, the rest of the agreement shall continue to
apply. A person who is not a party to this agreement shall have no rights
to enforce agreement except insofar as expressly stated otherwise. The
parties are independent contractors and, except as otherwise specifically
stated above, nothing in this agreement constitutes any party as agent,
employee or representative of the other.
If you have any complaints, please contact us via the contact details
Company name: Etch Rock Limited.
Trading name: “EtchRock”
Country of incorporation: England and Wales.
Registered number: 08759534
Registered office: 6B Parkway, Porters Wood, St Albans, Hertfordshire,
Trading address: Unit 11, Beaumont Hall, Redbourn Road, St Albans
Hertfordshire, AL3 6RN, UK.
Other contact information: See our website.
VAT number: 197010414
1. Where used below, “data controller”, “data processor”, “data subject”,
“personal data” and “processing” have the same meanings as set out in Data
2. The following are the details of the processing to be carried out by us
acting as data processor in relation to the following personal data
processed on your behalf in connection with this agreement (“Data”):
a) Subject matter: Participant Data and Donor Data (as defined
b) Duration of the processing: The period of this agreement.
c) Nature and purpose of the processing: To enable Organisers /
Charities to use our Service in relation to their Events and Fundraising.
d) Type of personal data: Name, contact details and any other
personal information of Participants / Donors which Organisers / Charities
opt to collect.
e) Categories of data subject: Participants and Donors.
f) Obligations and rights of the controller: See below.
3. The data processor (i.e. us) shall:
a) process the Data in accordance with Data Protection Laws (and nothing in
this agreement relieves the obligations of the data processor of its own
direct responsibilities and liabilities under Data Protection Laws);
b) process the Data only so far as is necessary for the purpose of
performing its obligations under this agreement;
c) process the Data only on written instructions from the data controller
(i.e. you) including as set out in this agreement unless the law requires
otherwise in which case the data processor shall inform the data controller
d) not transfer Data outside the European Economic Area without the data
controller’s prior written consent other than to an entity which is
certified under the EU-US Privacy Shield Framework;
e) not disclose Data to anyone other than its employees or agents and shall
ensure that those persons are subject to an obligation of confidentiality
in relation to the Data;
f) maintain technical and organisational security measures (including where
applicable in relation to encryption, pseudonymisation, resilience of
processing systems, backing up personal data in order to be able to
reinstate the system and testing) sufficient to comply with the obligations
imposed on the data controller under Data Protection Laws;
g) not subcontract any processing of Data without the data controller’s
prior written consent and:
i) the data controller shall be deemed to consent to any sub-processors
listed on the data processor’s website when this contract is entered into;
ii) the data processor shall give the data controller at least 14 days’
notice in writing of the proposed appointment of any new sub-processor in
which case the following shall apply:
i) if the data controller does not object within such period, the data
controller will be deemed to have consented to the appointment of the new
ii) if the data controller does object within such period, the data
controller is entitled within 14 days of such objection to terminate this
agreement to the extent that it relates to services which require the use
of the proposed sub-processor.
h) in respect of any sub-processors:
i) impose on the sub-processor the same obligations in relation to Data
that are imposed on the data processor under this agreement; and
ii) the data processor remains fully liable to the data controller for the
performance of the sub-processor’s obligations;
i) take reasonable steps to assist the data controller in complying with
the data controller’s own obligations under Data Protection Laws including:
i) responding to subject access requests;
ii) keeping Data secure;
iii) notifying data subjects about personal data breaches;
iv) carrying out any data protection impact assessment (”DPIA”); and
v) consulting with the relevant supervisory authority where applicable
following a DPIA;
j) on termination of this agreement, at the data controller’s option either
delete or return all Data to the data controller, unless the data processor
is legally required to retain the Data (and the data processor assumes that
the data controller opts for deletion of Data unless it requests return of
the Data within 14 days of termination;
k) make available to the data controller all information necessary:
i) to demonstrate compliance with its obligations relating to Data both in
this agreement and under Data Protection Laws; and
ii) to submit and contribute to audits carried out by the data controller
or an auditor appointed by the data controller; and
l) immediately inform the data controller if in its opinion a data
controller instruction does not comply with Data Protection Laws.