Terms & Conditions (“Terms”) for using the Tetley Smile Challenge Website  (“the Challenge Website / this Website”)

PLEASE READ THIS NOTICE CAREFULLY BEFORE USING THIS WEBSITE.
THESE TERMS REGULATE YOUR USE OF THIS WEBSITE.
BY USING THIS WEBSITE YOU ACCEPT THESE TERMS WHICH BECOME BINDING ON YOU. IF YOU DO NOT AGREE TO ANY OF THESE TERMS YOU MUST NOT USE THIS WEBSITE. 
 

General

All of the terms and conditions for using the main Tetley UK website (https://www.tetley.co.uk/terms-conditions) (“Tetley UK terms”) are hereby incorporated by reference into these Terms and apply to your use of this Website. Where there is a conflict between any of the Tetley UK terms and any of these Terms the latter shall prevail.

We may amend these Terms from time to time. Every time you wish to use the Challenge Website, please check these Terms to ensure you understand the specific terms which apply at that times. We recommend that you print a copy of these Terms for future reference.

Additional Terms & Conditions for the Challenge

Charitable donations

You understand and acknowledge that your use of this Website, and your participation in the Challenge, and / or helping to reach the Challenge target of one million smiles, will not automatically result in any charitable donation being made to Smile Train UK by Tata Global Beverages GB Limited (“Tetley” / “We”/ “our”)  or any other Tata Group company. Tata Global Beverages GB Limited is making a contribution totalling US$750,000 in the period up to 30 August 2017 to The Smile Train UK, a registered charity no. 1114748 and The Smile Train UK Trading Company Limited, a company which is wholly owned by, and donates all of its profits to The Smile Train UK. Tata Trusts is also making a contribution totalling US$250,000 to The Smile Train India, regardless of your use of this Website and your participation in the Challenge and / or the number of smiles recorded during the Challenge. Together, these contributions [of $1,000,000] will allow The Smile Train UK to fund surgery for 4,000 children.

If you wish to make  a charitable donation to Smile Train UK you can do so here

Smile Train’s standard Terms of use of their website can be found at:

https://www.smiletrain.org/about/terms 
 

Facial Recognition

Once the User have given permission to access your web cam, an open source facial tracking algorithm will detect key facial features in the User’s face, which are tracked by their distances and ratios between each other. When a given number of 'points' are at a distance or position from each other, a face is then detected, and as such a smile can be tracked. At no point will the software recognise the identity of a given face, only markers. 

An image will be taken of the User during the smile calibration stage, and this is temporarily stored locally only for the lifetime of the session. If the User closes the session the image disappears. If the User wishes to share their image on social media, the image is released with it. If they do not share their image, the image is removed and never permanently stored.  

There are other terms that may apply to you

These Terms refer to the following additional terms, which also apply to your use of this Website:

Our Privacy Policy (https://www.tetley.co.uk/shop/privacy-policy), which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using this Website, you consent to such processing.

Our Acceptable Use Policy is in Schedule 1 at the end of this document, and sets out the permitted uses and prohibited uses of this Website. When using this Website site, you must comply with this Acceptable Use Policy.

Our Cookie Policy (https://www.tetley.co.uk/cookie-policy), which sets out information about the cookies on this Website.

We may suspend or withdraw this Website

This Website is made available free of charge. We do not guarantee that this Website, or any content on it, will always be available or be uninterrupted. This Website is only intended to operate for a finite period of time until no later than 30th August 2017. During that time we may suspend or withdraw or restrict the availability of all or any part of this Website for business and operational reasons. You are also responsible for ensuring that all persons who access this Website site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

This Website is only for users in the UK

This website is directed to private consumers only residing in the United Kingdom and for domestic and private use only. We do not represent that content available on or through our site is appropriate for use or available in other locations. 

Our responsibility for loss or damage suffered by you

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury arising from your use of this Website caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

You agree not to use our site for any commercial or business purposes, and subject to the previous paragraph neither Tetley nor any of its affiliates or their officers, employees or agents shall be liable to you or any third party  for any loss, damage or expense arising out of any access to or use of this Website or any site linked to it including without limitation, any loss of profit, loss of business, business interruption, loss of business opportunity, indirect, incidental or consequential loss.

We are not responsible for viruses and you must not introduce them

We do not guarantee that this Website will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform in order to access this Website. You should use your own virus protection software.

You must not misuse this 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 this Website, the server on which this Website is stored or any server, computer or database connected to this Website. You must not attack this Website 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 this Website will cease immediately.

Rules about linking to this Website

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 website that is not owned by you.

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.

The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy at Schedule 1 below.

If you wish to link to or make any use of content on our site other than that set out above, please contact help@tetley.co.uk

Which country's laws apply to any disputes?

If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by English law. You and we both agree to that the courts of England and Wales will have exclusive jurisdiction except that 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.

Schedule 1

Acceptable Use Policy

This acceptable use policy applies to all users of, and visitors to, our site.

Your use of our site means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement the Terms.

Prohibited uses

You may use our site only for lawful purposes.  You may not use our site:

In any way that breaches any applicable local, national or international law or regulation.

In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.

For the purpose of harming or attempting to harm minors in any way.

To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards set out below.

To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).

To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:

Not to access without authority, interfere with, damage or disrupt:

any part of our site;

any equipment or network on which our site is stored;

any software used in the provision of our site; or

any equipment or network or software owned or used by any third party.

Interactive services

We may from time to time provide interactive services on this site, including, without limitation:

Chat rooms.

Bulletin boards.

 (“interactive services”).

Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).

We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.

The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.

Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

Content standards

These content standards apply to any and all material which you contribute to our site (contributions), and to any interactive services associated with it.

You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole.

Contributions must:

Be accurate (where they state facts).

Be genuinely held (where they state opinions).

Comply with applicable law in the UK and in any country from which they are posted.

Contributions must not:

Contain any material which is defamatory of any person.

Contain any material which is obscene, offensive, hateful or inflammatory.

Promote sexually explicit material.

Promote violence.

Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.

Infringe any copyright, database right or trade mark of any other person.

Be likely to deceive any person.

Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.

Promote any illegal activity.

Be threatening, abuse or invade another;s privacy, or cause annoyance, inconvenience or needless anxiety.

Be likely to harass, upset, embarrass, alarm or annoy any other person.

Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.

Give the impression that they emanate from us, if this is not the case.

Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

Suspension and termination

We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our site.  When a breach of this policy has occurred, we may take such action as we deem appropriate. 

Failure to comply with this acceptable use policy constitutes a material breach of the Terms upon which you are permitted to use our site, and may result in our taking all or any of the following actions:

Immediate, temporary or permanent withdrawal of your right to use our site.

Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.

Issue of a warning to you.

Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.

Further legal action against you.

Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

We exclude liability for actions taken in response to breaches of this acceptable use policy.  The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

Changes to the acceptable use policy

We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our site.

General

All of the terms and conditions for using the main Tetley UK website (https://www.tetley.co.uk/terms-conditions) (“Tetley UK terms”) are hereby incorporated by reference into these Terms and apply to your use of this Website. Where there is a conflict between any of the Tetley UK terms and any of these Terms the latter shall prevail.

We may amend these Terms from time to time. Every time you wish to use the Challenge Website, please check these Terms to ensure you understand the specific terms which apply at that times. We recommend that you print a copy of these Terms for future reference.

Additional Terms & Conditions for the Challenge

Charitable donations

You understand and acknowledge that your use of this Website, and your participation in the Challenge, and / or helping to reach the Challenge target of one million smiles, will not automatically result in any charitable donation being made to Smile Train UK by Tata Global Beverages GB Limited (“Tetley” / “We”/ “our”)  or any other Tata Group company. Tata Global Beverages GB Limited is making a contribution totalling US$750,000 in the period up to 30 August 2017 to The Smile Train UK, a registered charity no. 1114748 and The Smile Train UK Trading Company Limited, a company which is wholly owned by, and donates all of its profits to The Smile Train UK. Tata Trusts is also making a contribution totalling US$250,000 to The Smile Train India, regardless of your use of this Website and your participation in the Challenge and / or the number of smiles recorded during the Challenge. Together, these contributions [of $1,000,000] will allow The Smile Train UK to fund surgery for 4,000 children.

If you wish to make  a charitable donation to Smile Train UK you can do so here smiletrain.org/Tetley, Smile Train’s standard Terms of use of their website can be found at:

 https://www.smiletrain.org/about/terms 
 

Facial Recognition

Once the User have given permission to access your web cam, an open source facial tracking algorithm will detect key facial features in the User’s face, which are tracked by their distances and ratios between each other. When a given number of 'points' are at a distance or position from each other, a face is then detected, and as such a smile can be tracked. At no point will the software recognise the identity of a given face, only markers. 

An image will be taken of the User during the smile calibration stage, and this is temporarily stored locally only for the lifetime of the session. If the User closes the session the image disappears. If the User wishes to share their image on social media, the image is released with it. If they do not share their image, the image is removed and never permanently stored.  

There are other terms that may apply to you

These Terms refer to the following additional terms, which also apply to your use of this Website:

Our Privacy Policy (https://www.tetley.co.uk/shop/privacy-policy), which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using this Website, you consent to such processing.

Our Acceptable Use Policy is in Schedule 1 at the end of this document, and sets out the permitted uses and prohibited uses of this Website. When using this Website site, you must comply with this Acceptable Use Policy.

Our Cookie Policy (https://www.tetley.co.uk/cookie-policy), which sets out information about the cookies on this Website.

We may suspend or withdraw this Website

This Website is made available free of charge. We do not guarantee that this Website, or any content on it, will always be available or be uninterrupted. This Website is only intended to operate for a finite period of time until no later than 30th August 2017. During that time we may suspend or withdraw or restrict the availability of all or any part of this Website for business and operational reasons. You are also responsible for ensuring that all persons who access this Website site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

This Website is only for users in the UK

This website is directed to private consumers only residing in the United Kingdom and for domestic and private use only. We do not represent that content available on or through our site is appropriate for use or available in other locations. 

Our responsibility for loss or damage suffered by you

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury arising from your use of this Website caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

You agree not to use our site for any commercial or business purposes, and subject to the previous paragraph neither Tetley nor any of its affiliates or their officers, employees or agents shall be liable to you or any third party  for any loss, damage or expense arising out of any access to or use of this Website or any site linked to it including without limitation, any loss of profit, loss of business, business interruption, loss of business opportunity, indirect, incidental or consequential loss.

We are not responsible for viruses and you must not introduce them

We do not guarantee that this Website will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform in order to access this Website. You should use your own virus protection software.

You must not misuse this 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 this Website, the server on which this Website is stored or any server, computer or database connected to this Website. You must not attack this Website 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 this Website will cease immediately.

Rules about linking to this Website

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 website that is not owned by you.

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.

The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy at Schedule 1 below.

If you wish to link to or make any use of content on our site other than that set out above, please contact help@tetley.co.uk

Which country's laws apply to any disputes?

If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by English law. You and we both agree to that the courts of England and Wales will have exclusive jurisdiction except that 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.

Schedule 1

Acceptable Use Policy

This acceptable use policy applies to all users of, and visitors to, our site.

Your use of our site means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement the Terms.

Prohibited uses

You may use our site only for lawful purposes.  You may not use our site:

In any way that breaches any applicable local, national or international law or regulation.

In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.

For the purpose of harming or attempting to harm minors in any way.

To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards set out below.

To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).

To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:

Not to access without authority, interfere with, damage or disrupt:

any part of our site;

any equipment or network on which our site is stored;

any software used in the provision of our site; or

any equipment or network or software owned or used by any third party.

Interactive services

We may from time to time provide interactive services on this site, including, without limitation:

Chat rooms.

Bulletin boards.

 (“interactive services”).

Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).

We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.

The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.

Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

Content standards

These content standards apply to any and all material which you contribute to our site (contributions), and to any interactive services associated with it.

You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole.

Contributions must:

Be accurate (where they state facts).

Be genuinely held (where they state opinions).

Comply with applicable law in the UK and in any country from which they are posted.

Contributions must not:

Contain any material which is defamatory of any person.

Contain any material which is obscene, offensive, hateful or inflammatory.

Promote sexually explicit material.

Promote violence.

Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.

Infringe any copyright, database right or trade mark of any other person.

Be likely to deceive any person.

Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.

Promote any illegal activity.

Be threatening, abuse or invade another;s privacy, or cause annoyance, inconvenience or needless anxiety.

Be likely to harass, upset, embarrass, alarm or annoy any other person.

Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.

Give the impression that they emanate from us, if this is not the case.

Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

Suspension and termination

We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our site.  When a breach of this policy has occurred, we may take such action as we deem appropriate. 

Failure to comply with this acceptable use policy constitutes a material breach of the Terms upon which you are permitted to use our site, and may result in our taking all or any of the following actions:

Immediate, temporary or permanent withdrawal of your right to use our site.

Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.

Issue of a warning to you.

Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.

Further legal action against you.

Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

We exclude liability for actions taken in response to breaches of this acceptable use policy.  The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

Changes to the acceptable use policy

We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our site.