THE GREAT BRITISH SPRING CLEAN & GREAT BIG SCHOOL CLEAN 2024 – TERMS AND CONDITIONS FOR PARTICIPANTS

THE GREAT BRITISH SPRING CLEAN & GREAT BIG SCHOOL CLEAN 2024 – TERMS AND CONDITIONS FOR CLEAN-UP PARTICIPANTS 

Definitions 

In these terms and conditions: 

KBT means Keep Britain Tidy, a company limited by guarantee with company number 3496361 and a registered charity with charity number 1071737, whose registered address is at Elizabeth House, The Pier, Wigan, WN3 4EX; 

You and Your refer to the person or organisation that has registered to participate in a public clean-up in the Campaign through the Website and, where you have registered on behalf of a group, to all members of your group participating in a public clean-up in the Campaign; 

the Parties means You and KBT (and Party means either of them); 

the Campaign means the Great British Spring Clean  and Great Big School Clean 2024 Campaign; 

the Clean-up means the clean-up you participate in as part of the Campaign by registering with KBT via the Website, to which these terms and conditions apply; 

the Guide means the document entitled “ Clean-Up Preparation and Safety Advice” published by KBT on the Website; 

the Website means the website operated by KBT at URL www.keepbritaintidy.org and includes the pledge forms.  

Participant refers to any individual participating in a Clean-up, whether or not they have pledged or registered to join a Clean-up via the Website; 

Equipment means the equipment used by You and any Participant in the Clean-up, whether or not provided by Your local authority; and 

Data Protection Legislation means the UK General Data Protection Regulation, the Data Protection Act 2018, and the Privacy and Electronic Communications (EC Directive) Regulations 2003. 

1. Scope 

1. These terms and conditions apply to You and the Clean-up. By pledging to support the Great British Spring Clean, or the Great Big School Clean on our Website, you agree to these terms and conditions.  If you register on behalf of a group, you are agreeing to these terms and conditions on behalf of everyone in your group participating in the Clean Up. 

2. Your particular attention is drawn to clause 4 and clause 5.5. 

2. Clean-up 

1. You agree to comply with and adhere to the Guide and any advisory information published by KBT on the Website at all times when promoting, organising, running and participating in the Clean-up. 

2. Except for the operation of the Website and any responsibilities set out in these terms and conditions, the Guide and the Website, You acknowledge and agree that the promotion, organisation, running and participating in the Clean-up is entirely Your responsibility. 

3. In particular, in relation to the promotion, organisation, running and participation in the Clean-up, You acknowledge and agree that You are solely responsible for: 

1. all matters relating to the health and safety or Participants, including (but not limited to) the preparation of risk assessments and method statements and the suitability of any Equipment (including any risk assessment and safety measures to ensure that the Clean-Up in operated in a Covid-19 secure manner); 

2. all matters relating to the use of any land; and 

3. all matters relating to the safeguarding of children and vulnerable adults. 

3. Intellectual Property and the Website 

1. KBT shall permit You to use the Guide and Website to assist you in promoting, organising, running and participating in the Clean-up, provided that KBT shall have no liability to you in the event that the Website becomes unavailable or unusable. 

2. Subject to clause 3.3, KBT hereby grants to You, for the duration of the Campaign, a royalty-free, non-exclusive licence to use KBT’s logo and the logo of the Campaign (both of which appear at the top of these terms and conditions) and the Guide in relation to the promotion of the Clean-up. 

3. You agree that You will not (and will ensure that all Participants will not) do anything that could undermine the reputation or brand of KBT. 

4. You will not sub-license, assign or otherwise transfer the rights granted in this clause 3. 

4. Liability and Indemnity 

1. Nothing in these terms and conditions limits any liability which cannot be limited, including (but not limited to) liability for: 

1. death or personal injury caused by negligence; and 

2. fraud or fraudulent misrepresentation. 

2. Subject to clause 4.1, You agree that KBT shall have no liability to You for: 

1. any indirect or consequential losses; 

2. loss of profits; 

3. loss of sales or business; 

4. loss of agreements or contracts; 

5. loss of use or corruption of software, data or information; 

6. loss of or damage to goodwill; 

7. losses incurred by You arising out of or in connection with any third party claim against You which has been caused by your acts or omissions. For these purposes, third party claims shall include but not be limited to demands, fines, penalties, actions, investigation or proceedings. 

3. You shall indemnify Keep Britain Tidy against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred by KBT arising out of or in connection with: 

1. any breach by You of these terms and conditions; 

2. the enforcement of these terms and conditions; 

3. any claim made against Keep Britain Tidy for actual or alleged infringement of a third party’s rights arising Your use or the use by any Participant of that third party’s land; 

4. any claim made against  Keep Britain Tidy by a Participant for death, personal injury or damage to property arising out of or in connection with their participation in the Clean-up. 

4. Nothing in this clause 4 shall restrict or limit  gener Keep Britain Tidy's obligation at law to mitigate a loss it may suffer or incur as a result of an event that may give rise to a claim under this clause 4. 

5. Data Protection 

1. You agree to comply at all times with the Data Protection Legislation. This clause 5 is in addition to, and does not relieve, remove or replace, either Party’s obligations or rights under the Data Protection Legislation. 

2. Where any personal data is shared between the Parties, the Parties acknowledge and agree that both of the Parties are acting as data controllers. 

3. In relation to any personal data shared between the Parties, the Parties shall only use that personal data the extent necessary for the purpose of the pledge/ Clean-up and the Campaign and the Parties shall not use any personal data shared between the Parties for any other purpose without the prior written permission of the other Party. 

4. The Parties shall not transfer any personal data shared between the Parties to any other person or organisation, unless permitted to do so in accordance with the Data Protection Legislation. 

5. KBT will process all personal data in accordance with its privacy policy, published on the Website at http://www.keepbritaintidy.org/privacy-policy. 

6. You shall indemnify  Keep Britain Tidy against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred by KBT arising out of or in connection with any breach of this clause 5 or the Data Protection Legislation by You, your employees or agents. 

6. General 

1. If there is any inconsistency between these terms and conditions, the Guide, and anything published on the Website, these terms and conditions shall prevail. 

2. Keep Britain Tidy reserves the right to amend these terms and conditions at any time without notice and to communicate the changes to You via the Website. 

3. Keep Britain Tidy shall not be liable for any failure to comply with its obligations where the failure is caused by something outside its reasonable control or by circumstances amounting to force majeure and shall be entitled to suspend or terminate the Campaign as a result. 

4. If any provision or part-provision of these terms or conditions is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause 6.4 shall not affect the validity and enforceability of the rest of these terms and conditions. 

5. Nothing in these terms and conditions is intended to or shall be deemed to establish any partnership or joint venture between Keep Britain Tidyand You, constitute You the agent of Keep Britain Tidy, or authorise You to make or enter into any commitments for or on behalf of  Keep Britain Tidy Each Party confirms that it is acting on its own behalf and not for the benefit of any other person. 

6. Nothing in these terms and conditions gives rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce anything contained in these terms and conditions. 

7. These terms and conditions shall be governed by and construed in accordance with the laws of England and Wales. 

8. You and  Keep Britain Tidy agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these terms and conditions or their subject matter or application.